El Tejon
Member
The case of the elderly man from Arkansas who successfully repelled a wolf pack in Wisconsin and was then arrested has brought up the issue of jury nullification here in THRland. Thus, I thought I would share my one experience with it.
From 1995 to December 1999 I served as a LEO at the Tippecanoe County Prosecuting Attorney (county seat=Lafayette, Indiana) as a Deputy Prosecuting Attorney. Tippecanoe County is a unique (i.e. very wierd) blend of the old line economy (manufacturing, agriculture) and the new economy (service industry, advanced manufacturing, research, chemical application [Eli Lilly was from here], etc.). However, it is probably best known as the home of Purdue University.
In the summer of 1997 I was the lead Deputy in Superior Court V, mainly misdemeanors, but some D felonies. I was the go to guy for trial to clear the docket.
We had a Purdue kid on Carry a Handgun without a License, Class A misdemeanor. 0-365 days in jail, 0 to $5K fine, if convicted. No priors. Gun was found under his seat in his truck and he admitted to having it.
I needed to move cases so I offered a withhold prosecution even though supervisor told me not to as "policy" was conviction (second time is felony). However, I was gunning for a nasty OWI (high BAC, accident) that the defense attorney was stalling on the trial list. A withhold is known as court supervision or court adjudication is other states. Stay out of trouble for a year and pay $150 fine and case is dismissed.
At pre-trial conference two weeks before trial the defense attorney told me that his client declined the withhold. I thought he was kidding and rolled my eyes. "You jump on withholds as does everyone." "My guy is hardcore and wants a trial." "For this? O.K. a trial we shall have."
At trial everything goes my way as far as evidence goes. Cops are perfect, everything by the book, they even run and get a Criminal Code book (just like we tell them) ask him for a license from anywhere (Indiana is universal reciprocity--any state or any nation is legal here). Cross bounces off them like a bb off a tank.
Defendant, a 19 year old kid from Alaska, shows up in blue jeans and a flannel shirt. He presents well, young, baby-faced and a scholarship wrestler he sits up ramrod straight. He testifies--I get everything (he admits to having and knowing about the gun and not having license from anywhere), I even put the gun (a Smith 5906) in his hand.
At closing, I thought I saw the jurors agreeing with me. The defense closing was in a nutshell "yeah, he did it. But so what?"
As we are waiting for the jury's decision, the defense attorney asks me what I want at sentencing. I shrug and say leave it to the court if we get there.
Jury comes back in 30 minutes, which is too quick for the prosecution I knew. They acquit him, then, as they are being dismissed, I've never seen this before, two women on the jury hug him and one of the men pats him on the back as they file past the defense table on the way to the door. The judge is taken aback but orders bond and his pistol released and wishes him well.
As I'm leaving the courtroom, a older man with a weathered version of the defendant's face and a blue blazer over a denim shirt and string tie stops me. "Young man (I was 27 at the time), I know that you did your job but I want you to know my boy never meant anyone any harm here." I shook my head in agreement and told him that an Indiana carry permit is only $25 and he should talk to his lawyer about getting one.
I wanted to speak with the jurors. They didn't want to talk and all left. A couple of the male jurors nodded and smiled at me, but left without a word.
Even though 6 people told me that they would follow the law and vote to convict if evidence was there and that they all supported the statute, sometimes the law must be disregarded to achieve justice.
BTW, never felt better over an acquital as a DPA.
From 1995 to December 1999 I served as a LEO at the Tippecanoe County Prosecuting Attorney (county seat=Lafayette, Indiana) as a Deputy Prosecuting Attorney. Tippecanoe County is a unique (i.e. very wierd) blend of the old line economy (manufacturing, agriculture) and the new economy (service industry, advanced manufacturing, research, chemical application [Eli Lilly was from here], etc.). However, it is probably best known as the home of Purdue University.
In the summer of 1997 I was the lead Deputy in Superior Court V, mainly misdemeanors, but some D felonies. I was the go to guy for trial to clear the docket.
We had a Purdue kid on Carry a Handgun without a License, Class A misdemeanor. 0-365 days in jail, 0 to $5K fine, if convicted. No priors. Gun was found under his seat in his truck and he admitted to having it.
I needed to move cases so I offered a withhold prosecution even though supervisor told me not to as "policy" was conviction (second time is felony). However, I was gunning for a nasty OWI (high BAC, accident) that the defense attorney was stalling on the trial list. A withhold is known as court supervision or court adjudication is other states. Stay out of trouble for a year and pay $150 fine and case is dismissed.
At pre-trial conference two weeks before trial the defense attorney told me that his client declined the withhold. I thought he was kidding and rolled my eyes. "You jump on withholds as does everyone." "My guy is hardcore and wants a trial." "For this? O.K. a trial we shall have."
At trial everything goes my way as far as evidence goes. Cops are perfect, everything by the book, they even run and get a Criminal Code book (just like we tell them) ask him for a license from anywhere (Indiana is universal reciprocity--any state or any nation is legal here). Cross bounces off them like a bb off a tank.
Defendant, a 19 year old kid from Alaska, shows up in blue jeans and a flannel shirt. He presents well, young, baby-faced and a scholarship wrestler he sits up ramrod straight. He testifies--I get everything (he admits to having and knowing about the gun and not having license from anywhere), I even put the gun (a Smith 5906) in his hand.
At closing, I thought I saw the jurors agreeing with me. The defense closing was in a nutshell "yeah, he did it. But so what?"
As we are waiting for the jury's decision, the defense attorney asks me what I want at sentencing. I shrug and say leave it to the court if we get there.
Jury comes back in 30 minutes, which is too quick for the prosecution I knew. They acquit him, then, as they are being dismissed, I've never seen this before, two women on the jury hug him and one of the men pats him on the back as they file past the defense table on the way to the door. The judge is taken aback but orders bond and his pistol released and wishes him well.
As I'm leaving the courtroom, a older man with a weathered version of the defendant's face and a blue blazer over a denim shirt and string tie stops me. "Young man (I was 27 at the time), I know that you did your job but I want you to know my boy never meant anyone any harm here." I shook my head in agreement and told him that an Indiana carry permit is only $25 and he should talk to his lawyer about getting one.
I wanted to speak with the jurors. They didn't want to talk and all left. A couple of the male jurors nodded and smiled at me, but left without a word.
Even though 6 people told me that they would follow the law and vote to convict if evidence was there and that they all supported the statute, sometimes the law must be disregarded to achieve justice.
BTW, never felt better over an acquital as a DPA.
