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Hi. I'm trying to think of another description to put here. Any ideas? I'll try again at 420.

Wednesday, February 14, 2007

Meg...

"...When I read that you gave this man your number, I wanted to scream NOOOOOOOOO!..."

Well, I thought about the danger involved but then it occurred to me that people who abuse children are usually cowards and rarely assault adults who can hit back. And...yes, it was difficult to be civil with the "man", but I wanted to talk to him and ask him for his side of the story.

Today was the closing argument phase of the trial and after lunch, the judge will give the jury instructions and then the case will go to the jury. So, for all intents and purposes, the trial is over. I can't discuss anything that the father and I spoke about until after the jury delivers it's verdict, I promised his attorney that.

Although I missed almost the entire trial, I did hear the closing arguments and that was upseting enough. First the prosecution got up and spoke. The DA went through all of the facts and what the exact charges were. At that point I saw the autopsy pictures and I wish that I hadn't. I was stunned at how emotionless the couple sat there as the prosecution described in detail all of the injuries that were on the child's body. She held up electric cords, belts, metal coat hangers and something called a "glue stick". I haven't ever seen one of them before, so I don't know what they are but it was about a foot long and appeared to be rather pliable. She said that the child was beaten with those things as a "weapon of choice" for the mother. She showed an empty "glue stick" bag that held 24 of them new and asked rhetorically, "How many licks would you need to inflict upon a child before one of them wore out?" They also mentioned that the father himself said that he "disciplined" the boy everyday.

The box/wicker basket was there as well, this time they had a life size replica of a child and they stuffed it in the box and slammed the lid shut saying, "That's how the boy got those bruises on his head and shoulder, when his mother slammed the box lid on top of him. When he tried to get out of the box, she tied it up with extension cords and had the older son help her do that. We know that from the older son's testimony."

The defense's main argument was that the boy had exzema and had scratched himself so much that he got a skin infection that led to sepsis and killed him. That was pretty much it. They then argued reasonable doubt and other technicalities. But, it's tough to get past the fact that the medical examiner, and other doctors as well, said that the "manner of death" was "homicide". That was pretty much it, they didn't argue much else at all.

Sitting hand in hand at the defense table, the parents remained stoic and emotionless until the prosecution's rebuttal which ended with the DA placing a birthday cake on the prosecution table, lighting 8 candles, singing Happy Birthday to Josef and then asking, "What's missing from this cake?" Then, she pulled another candle out of her pocket and said, "The ninth candle...Josef will never have a ninth birthday." At that point, the mother broke down and buried her head on her husband's chest, sobbing. The husband also looked as though he was crying.

When the courtroom cleared, I walked to the elevator and hit the down button. As I got on the elevator, I saw the mother and a group of women with her getting on the elevator with me. If I didn't know who the woman was, I would have thought that they were just a group of women heading to lunch during a work break. There wasn't any emotion then, instead the woman was joking with her friends and chatting about where they should eat lunch.

The couple looked so professional, you wouldn't have ever expected them to be murderers. Also, their home (which was shown in videotape) was a very nice one. It was quite a mess, but who knows if that was before or after the cops got done searching it. I hope it was before because the DA mentioned how messy the home was, showing bunk beds that had no room for anyone to sleep on. Anyway, appearances can be quite deceiving, the mother looked more professional than the DA herself did.

Oh, at one point, the DA said that the father told the older son that they "couldn't take Josef to the doctor because the parents would be taken to jail". With testimony like that, I'd be very surprised if there was anything other than a guilty verdict. I guess the only mystery left is whether they're guilty of murder or involuntary manslaughter. I doubt this will take very long at all. I'll let you know as soon as the verdict comes in.

So...that's my outing for today...I wonder what kind of trouble I'll get into tomorrow? Of course, it is still early...

Meg

9 Comments:

Blogger Determined said...

meg - this post read like a good mystery novel! The part about the woman getting in the elevator and joking with her friends really amazes me. If you saw her, imagine how many other people did as well - including the people of the jury. Doesn't she have common sense? Well, come to think about it, maybe that's a good thing, as I'm hoping they lock up that animal for the abuse she put her kids through.

Anyway, I think that you should be a paid free lance reporter!

February 14, 2007  
Blogger Meg Kelso said...

Oh girl! It WAS amazing how the lady's affect changed, but remember, the jury left throughout a back door in the court room, she walked out the front door and couldn't be seen by anyone on the jury. Actually, no one left the court room until the jury was gone.

And thanks for the kind words...I do freelance writing although never as a reporter per se...more along the lines of a paid smart ass!

Meg

February 14, 2007  
Anonymous Anonymous said...

The world could use more paid smart asses :) I'm sorry for that little boy and his brother. Money and position never preclude anyone from being an abuser. So much goes unreported simply because the parents are affluent and/or pillars of the community.

I agree with you about their decorum. I hope their asses get nailed to the wall.

February 14, 2007  
Blogger Unknown said...

I'm with Solarisgal....Def. a reporter. Sounded like a true novel there. Loved it!

February 14, 2007  
Blogger Unknown said...

OH and have a very Happy Valentine's Day as well....;)

February 14, 2007  
Blogger JQ75 said...

Having been exposed to more court time than I ever cared to, I’d make two observations. One is the witnesses or parties are coached. It is so much more an acting game rather than reality. If you felt they were emotionless at trial, that’s because they practiced very well. Inside the court room is a performance for the judge and jury. Unfortunately it isn’t a performance of truth, it’s aimed at meeting self serving goals.

Practically you can’t stop people from portraying something they are not, but it happens so often that it’s a sick joke. You’d think it would at least be discouraged to give some appearance at the quest for truth. But then if you discouraged it, you’d be admitting it, and then you’d start the long ride down a slippery slope of judicial imperfections that would quickly be apparent.


The second thing is that many precautions are taken to separate jury members from the public or lawyers. I don’t know if everyone takes all of these precautions but our major metro area court does and I imagine many others do too. Jurors are brought through a separate and secure building entrance to a holding area. They wear identification at all times so no one can approach them by accident. Public access to the courts is through the center of the complex. Juror/Judge/Lawyer access to the chambers and jury rooms is accessed through the outside ring of the building. Jurors are brought as a group to the deliberation room adjoining each court room through a separate set of secure elevators. Lawyers are to remain in the outer lobby of the judges chambers.

Jurors wait in the deliberation room until all parties are seated and ready. At that time the bailiff leads the jurors in through a private back door. The judge has his own private entrance from chambers to the court room. The jurors are the first to leave before anyone else can do anything.

There are times where the judge can take side bar, outside the hearing of the jury, and if it is a significant issue, the judge will recess the jury back to the deliberation room so decisions can be made that impact the evidence the jury will see.

Anyone trying to contact a juror or vice-versa will be in big trouble. Jurors are instructed to avoid the news media. This is hard to prove, except if the juror would discuss something not introduced as evidence in the court room. In this case the juror would be reported to the bailiff and likely held in contempt (as well as causing a mis-trial).

So in the quest for truth the jury did not see the true behavior of the parents in the public hallway and elevator. But then again the jury has instructions about what constitutes evidence and what the elements of the offense are.

BTW – Opening and Closing arguments are summaries and NOT to be considered as evidence. And yes, lawyers on both sides are guilty of play acting in their arguments. That is quite a melodramatic moment the DA pulled. But it may not play well with the jurors, it could be viewed as cruel and tasteless and allowed the parents to look like victims. Lawyers get away with these stunts precisely because the jury is instructed to disregard them. But who can really disregard something just because they are told to.

Then you have the human element, far too many jurors are content to go with their gut rather than reviewing all evidence as obligated to do.

Hopefully justice will prevail in this serious case.

February 14, 2007  
Blogger Meg Kelso said...

Yeah, what you described is pretty much what happened with the jury. Having been one myself, I still have my badge that says JUROR on it.

As a parent, I couldn't imagine sitting emotionless at my child's murder trial, whether it was I who was the defendant or someone else. Of course, I am NOT a murderer so I will never know.

Thanks for your input, I know that took a while for you to write!

Oh, BTW, the birthday cake thing was certainly a teary eyed moment and absolutely staged, you're right, these jurors are pretty much plagyed with the human inperfection of using their heart's too much than their brains, I think anyway, but we'll see when the verdict comes in.

Meg

February 15, 2007  
Blogger Meg Kelso said...

Oh! Happy Belated Valentine's Day to you too, Chris!

Thanks, you're a sweetie!

Meg

February 15, 2007  
Blogger Meg Kelso said...

Oh! Happy Belated Valentine's Day to you too, Chris!

Thanks, you're a sweetie!

Meg

February 15, 2007  

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