Lessons from Jury Duty

This summer, I served on my first jury. It was a rape case in downtown Los Angeles. As an avid CSI: fan, I was intrigued by the prospect of DNA evidence, type-matching, finger print analysis, ballistics, etc. What it came down to was “he said / she said.”

We did have the benefit of DNA evidence tying the defendant to a sexual act with the alleged victim. The case relied on whether it was a consensual act or not. The defendant lived in the same neighborhood as the victim and was related to a friend of the victim’s daughter. She had seen him before, but not as her attacker since the attacker was masked.

The alleged victim testified that she had a passing familiarity – having seen him a few times in the neighborhood – with the defendant, a man who was positively linked to a sex act with the victim by DNA evidence. The defendant testified that he and the woman were having an illicit affair – one of the many he was engaged in despite his long-term girlfriend who he went on to marry – and that is likely how his sperm “found its way” into her vagina.

In the jury room, a few jurors weren’t convinced of his guilt. As foreman, I had their attention and laid it out like this:

Do you believe the scientific evidence that proves there was a sex act? Answer: Yes.

Now, do you believe the victim when she said she had only seen the defendant a few times around the neighborhood, or do you believe the defendant who says they were having an affair? Answer: I don’t know.

Only one of them can be telling the truth. Who has the motivation to lie? Who has the record of lying? Who is lying? Do you believe that the victim took the stand and committed perjury? Answer: No. I guess she is telling the truth.

If you believe there was a sex act, and you believe the victim when she says that she never had consensual sex with the defendant, than you have to find him guilty of rape.

Okay, rape metaphors might be ratcheting up the rhetoric a bit, but in this election I submit this: Only one of them can be telling the truth.

Barack Obama or John McCain. Who do you believe?