Hello Everyone,
Jay and I are back from our short anniversary break. We bought a new bed from The Wynn in Las Vegas. They designed their beds and the price is very reasonable. We desperately needed a comfortable bed. Happy 35th to us!
While we were away, we received a post from the jury foreman. It was a long letter and he went over each juror and what they did or did not contribute to the short deliberation. I would love to post it for everyone to read because it really shows how four men went into the jury room trying to prove the prosecutors closing arguments. The women offered nothing, and let the men lead.
The only reason that I do not post it, is for the privacy of the other jurors that he describes. If they all would okay the letter, then I can post it. I am glad that the foreman responded and gave his best description of what went on. I really believe that he does not understand how his own bias affected his deliberation. I guess it is difficult for people to look past their biases and pre-conceived stereotypes.
He made a negative comment about Dean asking to do his sentencing before the verdict was read. We have been through this before, and when 4 male sheriffs are brought in the room to stand by the defendant, we know the verdict is guilty, and they are there to prevent the defendant from running or causing a scene. Dean is intelligent, and he figured that out. What this juror does not know is that sentencing is mandatory without discretion and Dean would have to sit through another performance by Gundy at sentencing, and then listen to the victims advocate say again how he would like to kill Dean. Who wants to go through all that AGAIN! One time going through a sentencing is enough when you are innocent. The faster that he gets it over with, the sooner to start his appeal.
Andrea had a conference call with an investigator who specializes in juries, and she will be contacting the jury members to get their take on what happened. She is very nice and intelligent.
I hope the jurors will be open to her visit. I feel for Andrea in this tragedy for our family. What happened with Dean back in 1997 shaped her choice of a career. She knew that she liked the law, but seeing Dean rail roaded, made her want to save others who were innocent. She does criminal defense work, but at the federal level. She deals with FBI instead of the sheriff, and with US attornies instead of state attornies. Going through this trial has turned her off to the criminal justice system because she feels failed by every day people. What is the point of a trial when jurors do not understand jury instruction and the law? She still has the fight in her for her brother, and I only hope this does not interfere with her future happiness in life. If California was not fnancially strapped, she would start a movement for paid professional jurors. We need a new system. I have a feeling that the criminal justice student on the jury has not even taken criminal justice classes yet. If he had, he would have had a different attitude and maybe understood his job. If he really does take those classes, guilt will hit him then, about what he did to Dean. He will learn about the many innocent people that have been sent to prison because of corrupt and lazy officials. I have a degree in criminal justice and I know what awaits him in his education.
Wednesday, August 20, 2008
Friday, August 15, 2008
An added note
It is frustrating that the jurors are afraid to reveal themselves. They are afraid to get in trouble.
What makes them think or who made them think that anything they do or say is somehow against the law????
The judge told all of you that you can speak out as much as you want now. What fears cripple you? Even if there was jury mis- conduct, it is not against the law. NOTHING can happen to you. Something will happen to Dean though. Get some courage jurors. Talk about your experience. Enlighten us. Calls will be going out in the next few weeks from our legal representative. Please talk to him or her, and ask anything about what your fears are. After this period passes, you can never replay it. You will live with it forever.
What makes them think or who made them think that anything they do or say is somehow against the law????
The judge told all of you that you can speak out as much as you want now. What fears cripple you? Even if there was jury mis- conduct, it is not against the law. NOTHING can happen to you. Something will happen to Dean though. Get some courage jurors. Talk about your experience. Enlighten us. Calls will be going out in the next few weeks from our legal representative. Please talk to him or her, and ask anything about what your fears are. After this period passes, you can never replay it. You will live with it forever.
To Jurors from a Juror
Dear jurors,
I served with you during Dean Jacobs’ trial, as an alternate. I spent the same hours in session as you did, and heard the same words. I left the courtroom last Friday, at the conclusion of my service, with the absolute knowledge that reasonable doubt had clearly been established regarding the allegations against Dean. I never even considered that you might reach a different verdict.
I had seen a huge mass of evidence and testimony that could have been interpreted in many ways. Actually, in my opinion, the arguments were convincing far beyond reasonable doubt. But even by applying just that least standard of measurement, I could not possibly know with abiding conviction that the prosecution’s representations about what took place on the night of Miguel’s murder were true.
We as randomly selected jurors had no prior knowledge of legal procedure as it would apply to this case. We were in an uncomfortable foreign environment. We tried to do what we were directed to do. We meant well. We are not bad people. But I’m haunted by the unmistakable probability that a consideration of reasonable doubt was NOT applied when the deliberations took place. It breaks my heart that I was not part of the deliberation team.
I have no personal or political agenda, beyond being deeply disturbed that the judge’s instructions were not carried out and justice was not served. Based on the anonymous comments that have been published here, it seems that others of you share my concern. Please look to your hearts, and contact the Jacobs family about your deliberation experience. It might set the wheels in motion for the declaration of a mistrial, and give Dean’s case another opportunity to be heard and decided.
If you are not comfortable about discussing this with them, request that they put you in touch with me. Just send an email to the address that can be found using the ‘Contact Information’ link in the upper left part of this page. Your name will not appear publicly here at any time unless you choose so, and you will not be facing any consequence other than peace of mind.
Respectfully,
Jeanne
I served with you during Dean Jacobs’ trial, as an alternate. I spent the same hours in session as you did, and heard the same words. I left the courtroom last Friday, at the conclusion of my service, with the absolute knowledge that reasonable doubt had clearly been established regarding the allegations against Dean. I never even considered that you might reach a different verdict.
I had seen a huge mass of evidence and testimony that could have been interpreted in many ways. Actually, in my opinion, the arguments were convincing far beyond reasonable doubt. But even by applying just that least standard of measurement, I could not possibly know with abiding conviction that the prosecution’s representations about what took place on the night of Miguel’s murder were true.
We as randomly selected jurors had no prior knowledge of legal procedure as it would apply to this case. We were in an uncomfortable foreign environment. We tried to do what we were directed to do. We meant well. We are not bad people. But I’m haunted by the unmistakable probability that a consideration of reasonable doubt was NOT applied when the deliberations took place. It breaks my heart that I was not part of the deliberation team.
I have no personal or political agenda, beyond being deeply disturbed that the judge’s instructions were not carried out and justice was not served. Based on the anonymous comments that have been published here, it seems that others of you share my concern. Please look to your hearts, and contact the Jacobs family about your deliberation experience. It might set the wheels in motion for the declaration of a mistrial, and give Dean’s case another opportunity to be heard and decided.
If you are not comfortable about discussing this with them, request that they put you in touch with me. Just send an email to the address that can be found using the ‘Contact Information’ link in the upper left part of this page. Your name will not appear publicly here at any time unless you choose so, and you will not be facing any consequence other than peace of mind.
Respectfully,
Jeanne
Free Will and Reasonable Doubt
Many of you have expressed your anger with God because you prayed so much for the right verdict. I want to share with you my beliefs about that.
God gave each of us a free will and he promised after the big flood that he would never interfere with that again. We are each responsible for our own choices in life and these choices will be judged in eternity. However, God and his angels do try to influence our at times ridiculous choices to help lead us in the right direction. This can happen through dreams, through reading something profound, through random ideas or thoughts etc.
The jury members in Deans trial had their own free will. They made the wrong decision and did not follow jury instruction as to reasonable doubt. God will be trying to reach them in the days ahead to make them realize their error and maybe do something about it. What they do will be important for their soul.
Now as to trying to understand where the jurors were coming from: the letters that they have sent give us clues. First off, I will give you a snippet of one that others may identify with that have been on juries . "In general, it is very uncomfortable to be a juror - one finds oneself in a disturbing, completely foreign environment----and everything that adds to that sense of strangeness and unbalance interferes with one's normal abilitiy and good judgement."
She also remarked that "Isn't the prosecutor supposed to be the leader of the Good Guy Team?" These feelings alone make it very hard to go in thinking that the defendant is innocent and that there is doubt that the prosecutor really proved his guilt. When one has bias for the prosecutor, how hard is it to shift gears and think for the defendant?
Another juror wrote that "this could have been the most passive bunch of people on the planet."
Another juror wrote that she wished that there was some sort of mediator in the deliberation room with them.
I think these comments give you a better picture of what might have happened. Alot of people gave up their thinking processes to a couple of stronger more verbal jurors. If they had understood reasonable doubt, they would have been arguing for Dean and then maybe the sheep would have followed that. Who knows?
A juror wrote that she did not follow reasonable doubt, but that she is not entirely sure that Dean is innocent. This statement alone shows her complete lack of understanding of reasonable doubt. If there are any doubts at all you must acquit! It is better to err for the defendant than against him, because it is MUCH worse to send someone away for life. This juror was not supposed to say I have doubt about his innocence. She was supposed to say "I have doubts about his guilt." It is like that saying "some see the glass as half empty, and others see it as half full."
I can only hope that as Gods angels work on the jurors, they will realize that they should come forward to admit that they did not follow jury instruction. This alone could give Dean another trial and another shot at jurors who might understand their job. This action could save their souls.
On another note, Andrea and I are taking a break for four days. This has been emotionally draining so we are leaving the state. She is visiting a friend and Jay and I go to celebrate our 35th wedding anniversary. We will blog when we return.
God gave each of us a free will and he promised after the big flood that he would never interfere with that again. We are each responsible for our own choices in life and these choices will be judged in eternity. However, God and his angels do try to influence our at times ridiculous choices to help lead us in the right direction. This can happen through dreams, through reading something profound, through random ideas or thoughts etc.
The jury members in Deans trial had their own free will. They made the wrong decision and did not follow jury instruction as to reasonable doubt. God will be trying to reach them in the days ahead to make them realize their error and maybe do something about it. What they do will be important for their soul.
Now as to trying to understand where the jurors were coming from: the letters that they have sent give us clues. First off, I will give you a snippet of one that others may identify with that have been on juries . "In general, it is very uncomfortable to be a juror - one finds oneself in a disturbing, completely foreign environment----and everything that adds to that sense of strangeness and unbalance interferes with one's normal abilitiy and good judgement."
She also remarked that "Isn't the prosecutor supposed to be the leader of the Good Guy Team?" These feelings alone make it very hard to go in thinking that the defendant is innocent and that there is doubt that the prosecutor really proved his guilt. When one has bias for the prosecutor, how hard is it to shift gears and think for the defendant?
Another juror wrote that "this could have been the most passive bunch of people on the planet."
Another juror wrote that she wished that there was some sort of mediator in the deliberation room with them.
I think these comments give you a better picture of what might have happened. Alot of people gave up their thinking processes to a couple of stronger more verbal jurors. If they had understood reasonable doubt, they would have been arguing for Dean and then maybe the sheep would have followed that. Who knows?
A juror wrote that she did not follow reasonable doubt, but that she is not entirely sure that Dean is innocent. This statement alone shows her complete lack of understanding of reasonable doubt. If there are any doubts at all you must acquit! It is better to err for the defendant than against him, because it is MUCH worse to send someone away for life. This juror was not supposed to say I have doubt about his innocence. She was supposed to say "I have doubts about his guilt." It is like that saying "some see the glass as half empty, and others see it as half full."
I can only hope that as Gods angels work on the jurors, they will realize that they should come forward to admit that they did not follow jury instruction. This alone could give Dean another trial and another shot at jurors who might understand their job. This action could save their souls.
On another note, Andrea and I are taking a break for four days. This has been emotionally draining so we are leaving the state. She is visiting a friend and Jay and I go to celebrate our 35th wedding anniversary. We will blog when we return.
THE DASH
I wanted to post this poem so those who are responsible for Dean being in prison will read it and think about what they did to this Innocent man and do what's right to set Dean free.....
The Dash
I read of a man who stood to speak
At the funeral of a friend.
He referred to the dates on her tombstone
From the beginning...to the end.
He noted that first came the date of her birth
And spoke of the following date with tears,
But he said what mattered most of all
Was the dash between those years.
For that dash represents all the time
That she spent alive on earth
And now only those who loved her
Know what that little line is worth.
For it matters not, how much we own,
The cars....the house...the cash.
What matters is how we live and love
And how we spend our dash.
So think about this long and hard;
Are there things you'd like to change?
For you never know how much time is left
That can still be rearranged.
That can still be rearranged.
If we could just slow down enough
To consider what's true and real
And always try to understand
The way other people feel.
And be less quick to anger
And show appreciation more
And love the people in our lives
Like we've never loved before.
If we treat each other with respect
And more often wear a smile,
Remembering that this special dash
Might only last a little while.
So when your eulogy is being read
With your life's actions to rehash
Would you be proud of the things they say
About how you spend your dash?
About how you spend your dash?
Thursday, August 14, 2008
Hello to all. For those who don't know me, I am one of Andrea's friends from law school, a family friend of the Jacob's family and an ambitious supporter of Dean's innocence. I had the good fortune and opportunity to get to meet Dean on a handful of occasions during the four years that he was released between trials. When I met Dean I had no idea of the background that is the subject of this blog; to me he was just my friend's big brother. My impression of Dean at all times has been that he is a sensitive, caring and upstanding individual. Upon learning of the first trial and the allegations pending against Dean I found it unbelievable. When I learned more about the actual evidence, or lack thereof, I became even more committed to my support of Dean.
During the trial I was able to attend a single half day during the testimony of Roy. I wish that I could have been present for the entire trial but that was all that timing permitted. I must say, even as an attorney, it is eye opening sitting in the courtroom and watching the entire process unfold. You hold out this hope that the prosecutor will be an upstanding, straight forward representative of the people. Unfortunately, that was not my impression of this particular prosecutor. There was a lot of gamesmanship (and at times tantrums, which I thought was quite odd) and it was clear that winning was the only objective, regardless of the lack of evidence. There were mind games implemented where you would "see" one thing yet be told it was something else. One eye witness described to the detail the description of one of the snitches that testified (someone who looks nothing like Dean) yet the prosecution tried to say it was Dean. Saying it does not make it true. There was only one person bragging about a huge tattoo on their back during the trial and he was not wearing a suit and sitting at the defense table. Defense witnesses were treated disrespectufully if they answered a way other than what was desired. And childish tactics were implemented to try to distract the jury when the defense was trying to make a point. At one point one individual actually tried to move the podium simply so that the testifying witness would not be able to have a clear view of Andrea in the crowd. If it weren't so disgusting it would be laughable. The defense counsel did a fantastic job at trying to right some of the wrongs but it is always an uphill battle. And it seems that not all of those "wrongs" could be corrected in the presentation to the jury.
I must also say that I am aware that being a juror is a very difficult task. Trying to wrap your mind around all of the evidence, in addition to legal concepts that are new and confusing, is not intuitive to most people. It is, indeed, very challenging. Even people with years of legal training have trouble paying attention to all of the details in a lengthy trial and applying them to correct rules of law. That said, I know that a handful of jurors have contacted Tara and Andrea. It is my belief (and hope) that others have also read the blog but have not yet reached out. I encourage you to email Tara and Andrea with your thoughts, feelings and analysis. Whether you stand by your vote of guilty or are having second thoughts, there is something that lead you to this point, to reading this blog, and to having a further commitment to the outcome of the trial of Dean Jacobs rather than leaving it at the courthouse that Friday. If you have questions about the appropriate legal standard, or think that there was a misunderstanding, or felt that some jurors rushed the process because they wanted to just leave and get back to their outside lives, please contact the Jacobs family.
Dean Jacobs has touched all of our lives, either through circumstance or choice. The fight now rages on for justice. Dean has more of a network of supporters and advocates for his cause everyday and I am proud to stand among them.
Jordana
During the trial I was able to attend a single half day during the testimony of Roy. I wish that I could have been present for the entire trial but that was all that timing permitted. I must say, even as an attorney, it is eye opening sitting in the courtroom and watching the entire process unfold. You hold out this hope that the prosecutor will be an upstanding, straight forward representative of the people. Unfortunately, that was not my impression of this particular prosecutor. There was a lot of gamesmanship (and at times tantrums, which I thought was quite odd) and it was clear that winning was the only objective, regardless of the lack of evidence. There were mind games implemented where you would "see" one thing yet be told it was something else. One eye witness described to the detail the description of one of the snitches that testified (someone who looks nothing like Dean) yet the prosecution tried to say it was Dean. Saying it does not make it true. There was only one person bragging about a huge tattoo on their back during the trial and he was not wearing a suit and sitting at the defense table. Defense witnesses were treated disrespectufully if they answered a way other than what was desired. And childish tactics were implemented to try to distract the jury when the defense was trying to make a point. At one point one individual actually tried to move the podium simply so that the testifying witness would not be able to have a clear view of Andrea in the crowd. If it weren't so disgusting it would be laughable. The defense counsel did a fantastic job at trying to right some of the wrongs but it is always an uphill battle. And it seems that not all of those "wrongs" could be corrected in the presentation to the jury.
I must also say that I am aware that being a juror is a very difficult task. Trying to wrap your mind around all of the evidence, in addition to legal concepts that are new and confusing, is not intuitive to most people. It is, indeed, very challenging. Even people with years of legal training have trouble paying attention to all of the details in a lengthy trial and applying them to correct rules of law. That said, I know that a handful of jurors have contacted Tara and Andrea. It is my belief (and hope) that others have also read the blog but have not yet reached out. I encourage you to email Tara and Andrea with your thoughts, feelings and analysis. Whether you stand by your vote of guilty or are having second thoughts, there is something that lead you to this point, to reading this blog, and to having a further commitment to the outcome of the trial of Dean Jacobs rather than leaving it at the courthouse that Friday. If you have questions about the appropriate legal standard, or think that there was a misunderstanding, or felt that some jurors rushed the process because they wanted to just leave and get back to their outside lives, please contact the Jacobs family.
Dean Jacobs has touched all of our lives, either through circumstance or choice. The fight now rages on for justice. Dean has more of a network of supporters and advocates for his cause everyday and I am proud to stand among them.
Jordana
Another Juror Making Contact
Dear Tara and Andrea,
Let me begin by expressing my gratitude for your blog and your willingness to hear from us.
This morning I dreamt that Dean was sitting outside in nature within a circle of people, all of whom were holding hands and very happy. It surprised me because it was in marked contrast to the many (let's just say constant and obsessive) thoughts I have been having since the trial came to close last Friday. I started doing some research this afternoon and came across your blog. Needless to say, it was absolutely heart-wrenching to read. Your courage and strength is remarkable.
I appreciate your post about reasonable doubt and now understand that I did not apply it. I won't go into details about what we talked about in the jury room, as it looks like one of the jurors covered all the bases. I am ignorant about all things legal and did not understand/follow the instructions. Please tell me what I can do.
I hope and pray that the dream I had this morning was a vision of things to come for Dean and your whole family.
Thank you,
Anonymous Juror
Let me begin by expressing my gratitude for your blog and your willingness to hear from us.
This morning I dreamt that Dean was sitting outside in nature within a circle of people, all of whom were holding hands and very happy. It surprised me because it was in marked contrast to the many (let's just say constant and obsessive) thoughts I have been having since the trial came to close last Friday. I started doing some research this afternoon and came across your blog. Needless to say, it was absolutely heart-wrenching to read. Your courage and strength is remarkable.
I appreciate your post about reasonable doubt and now understand that I did not apply it. I won't go into details about what we talked about in the jury room, as it looks like one of the jurors covered all the bases. I am ignorant about all things legal and did not understand/follow the instructions. Please tell me what I can do.
I hope and pray that the dream I had this morning was a vision of things to come for Dean and your whole family.
Thank you,
Anonymous Juror
Subscribe to:
Posts (Atom)
