What some folks will do to get out of jury service

WoodysGirl

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July 10, 2007, 9:39AM
Racism, homophobia excuses irk judge


Associated Press


BARNSTABLE, Mass. — A Cape Cod man who claimed he was homophobic, racist and a habitual liar to avoid jury duty earned an angry rebuke from a judge on Monday, who referred the case to prosecutors for possible charges.

"In 32 years of service in courtrooms, as a prosecutor, as a defense attorney and now as a judge, I have quite frankly never confronted such a brazen situation of an individual attempting to avoid juror service," Barnstable Superior Court Judge Gary Nickerson told Daniel Ellis, according to a preliminary court transcript of the exchange.

Ellis, of Falmouth, had been called to court with about 60 other potential jurors for possible service on a 23-member grand jury.

On a questionnaire that all potential jurors fill out, Ellis wrote that he didn't like homosexuals and blacks. He then echoed those sentiments in an interview with Nickerson.

"You say on your form that you're not a fan of homosexuals," Nickerson said.

"That I'm a racist," Ellis interrupted.

"I'm frequently found to be a liar, too. I can't really help it," Ellis added.

"I'm sorry?" Nickerson said.

"I said I'm frequently found to be a liar," Ellis replied.

"So, are you lying to me now?" Nickerson asked.

"Well, I don't know. I might be," was the response.

Ellis then admitted he really didn't want to serve on a jury.

"I have the distinct impression that you're intentionally trying to avoid jury service," Nickerson said.

"That's true," Ellis answered.

Nickerson ordered Ellis taken into custody. He was released later Monday morning.

Ellis could face perjury and other charges.

http://www.chron.com/disp/story.mpl/bizarre/4955982.html
 

adamknite

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He should have stuck with the lie. you can't say I'm a racist and homophobe then when confronted admit you're just trying to get out of jury duty. You have to really commit to your lie to make it work.
 

BrAinPaiNt

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adamknite;1548247 said:
He should have stuck with the lie. you can't say I'm a racist and homophobe then when confronted admit you're just trying to get out of jury duty. You have to really commit to your lie to make it work.

Maybe he was lying and really is a racist.

Either way it is stupid on the guys part. I am sure there are many different ways to try and get out of it without making yourself out to be a racist homophobe.

Personally I would like to be on jury duty if it were an interesting case. I have not been called to do it so far but would if they called me.

I am sure people could learn a good deal, both good and bad, about the judicial system and it would be a different experience that many would not have the chance to see on a normal basis.
 

WoodysGirl

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BrAinPaiNt;1548251 said:
Maybe he was lying and really is a racist.

Either way it is stupid on the guys part. I am sure there are many different ways to try and get out of it without making yourself out to be a racist homophobe.

Personally I would like to be on jury duty if it were an interesting case. I have not been called to do it so far but would if they called me.

I am sure people could learn a good deal, both good and bad, about the judicial system and it would be a different experience that many would not have the chance to see on a normal basis.
I got called for jury duty once. And I wasn't sure whether I could get out of it or not. Not until it was over and they picked three people surrounding me, but not me.

I really didn't want to be on it after I found out what the case was. Turns out it was for robbery-homicide. Wasn't feeling that, at all.

I figure next time I'll tell them my fav shows are L&O and CSI. Throughout the voir dire, they kept emphasizing how those shows weren't real.
 

DallasCowpoke

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BrAinPaiNt;1548251 said:
Personally I would like to be on jury duty if it were an interesting case. I have not been called to do it so far but would if they called me.

One problem.......




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:p:
 

Danny White

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BrAinPaiNt;1548251 said:
Maybe he was lying and really is a racist.

Either way it is stupid on the guys part. I am sure there are many different ways to try and get out of it without making yourself out to be a racist homophobe.

Personally I would like to be on jury duty if it were an interesting case. I have not been called to do it so far but would if they called me.

I am sure people could learn a good deal, both good and bad, about the judicial system and it would be a different experience that many would not have the chance to see on a normal basis.

The big flaw in this guy's "system" is that, typically, if you're dismissed from one particular jury, you don't get to go home... you have to go back to the waiting room and wait for another jury pool for another case. So your whole day's shot anyway.

Now if you're successful all day in getting off the jury, then I guess there's no risk in getting on a jury that will take up multiple days.

I've had JD once, and it was fun and educational. It had to do with a business partnership gone bad, and that happened to be at the same time I was starting up my business, so I learned a lot about what NOT to do.
 

Hostile

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My Dad gets me out of jury duty every time. It's the one thing about being the son of a con that's good.

:grin:
 

Yeagermeister

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I got called last year for federal jury duty but the defendant pled guilty before we even made it in to the courtroom. The bastid would have been guilty anyway. :laugh1:
 

peplaw06

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Just tell the attorneys you went to law school. That will usually get you out of jury duty. It's not a guarantee, but they don't like attorneys or former law school students in juries.
 

Danny White

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peplaw06;1548295 said:
Just tell the attorneys you went to law school. That will usually get you out of jury duty. It's not a guarantee, but they don't like attorneys or former law school students in juries.

Ummmm... I'm not the lawyer here, but wouldn't saying that put you in contempt of court or something like that (assuming it wasn't true)?

That's something that's pretty provably false (as opposed to saying you're a racist).

It might work well for you, but for the rest of us, I think it might put us in some hot water.
 

BrAinPaiNt

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Danny White;1548376 said:
Ummmm... I'm not the lawyer here, but wouldn't saying that put you in contempt of court or something like that (assuming it wasn't true)?

That's something that's pretty provably false (as opposed to saying you're a racist).

It might work well for you, but for the rest of us, I think it might put us in some hot water.

He is a lawyer..giving us advice in how to perjure ourselves or put us in contempt of court.

I think he is trying to do so, so he can get some business.

Hah...little does he know that I am one broke bloke so...

NO MONEY FOR HIM:laugh1:
 

Danny White

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BrAinPaiNt;1548379 said:
He is a lawyer..giving us advice in how to perjure ourselves or put us in contempt of court.

I think he is trying to do so, so he can get some business.

Hah...little does he know that I am one broke bloke so...

NO MONEY FOR HIM:laugh1:

On a related note, here's a great way to get out of a speeding ticket...

Tell the officer that you're the President of the United States, on your way to avert WWIII with China. It works every time! :laugh1:
 

Hoov

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i was called for jury duty involving a law suit over a car accident. On the questionaire for the particular case it asked if you had been the victim or defendent of a law suit involving a car accident before and what the outcome was.

Well, i was involved in a lawsuit over a car accident that was "no fault" per the police report, infact it was the other guys fault for pulling out right in front of me, though his driveway was around a bad curve.

But he lied through his whole report, had a neighbor lie and sued for all kinds of money for fake injuries and time away from work. He was found out to have been partying in europe all ths time and engaging in strenuous activities and outdoor adventures while claiming severe back injuries. Plus his lies that he saw us from hundereds of feet away speeding out of control were easily proved false with photographs that show you can only see 20 feet past his driveway due to thick woods and blind curve.

Anyway, it was unanimous decision for me and the dude and his lawyer got so outraged, it was pretty funny watching them blow up after the ruling. I swear it was like a tv commedy show.

Anyway, i didnt get selected and it was probably due to my being involved in a similar case.
 

peplaw06

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BrAinPaiNt;1548379 said:
He is a lawyer..giving us advice in how to perjure ourselves or put us in contempt of court.

I think he is trying to do so, so he can get some business.

Hah...little does he know that I am one broke bloke so...

NO MONEY FOR HIM:laugh1:
:laugh2:

People lie to get out of jury duty all the time. If they were going to prosecute you for perjury, they'd double their dockets.

Fine, tell em you're racist. But don't go overboard, like this guy did. But if you look like you're trying to get out, they usually let you anyways.

Actually the best way to get out is to talk a lot in voir dire. Always raise your hand and comment. Even if you always tell the truth, you're eventually going to say something one of em doesn't like. The easiest way to get on is to not say anything.
 

heavyg

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I once lied trying to get on a Jury. It was during the time I was injured and off work. I was bored and wanted something to do. But soon as they find out I worked for the prison system I would outa there. I have been called 3 times and never make it past the 1st questioning.
 
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