pucho812
Well-known member
My world was rocked pretty hard and combined with everything in the news lately. I gotta just get out some frustrations.
My dad just got diagnosed with cancer this past week. He is 80 and it's melanoma. He had a birth mark on his leg that one day recently, changed colors. They did a biopsy and it was malignant. it has been removed but this coming week they are doing a second biopsy on his lymph nodes. If they test negative then nothing to worry about and just return for check ups. If they test positive then need to start discussing treatment. If he so chooses treatment, something he was discussing and that he may not do it. I never saw him go to the doctor for being sick maybe a broken bone or the shattered hip he got falling off the roof a year ago but never been sick.
Then I spent this entire week on jury duty. Started over a week ago. The case was a criminal assault and battery and to be honest was interesting.
it started off with 2 guys who got into some road rage as one cut off the other guy. Words were yelled back and forth as well as few curse words and gestures. turns out they were going to the same place, to drop their kids off of school. As the arrived. The defendant, the one who originally cut off another driver noticed the other driver was behind him. He took it upon himself to go have words with the other driver. As he approached the other driver, the other driver flew open his door and nearly hit the defendant with the door. He then got out of his car. They started to go at it verbally and the defendant claimed that the other driver said I am going to kill you and pushed him. The other driver was 5 foot 6 inches tall and weighs 120 pounds. The defendant was 6 foot 3 inches tall and weighs 220 pounds. Now none of the witnesses heard anything but could collaborate visually the pushing as well as what appeared to be verbal confrontation. The defendant right after being pushed threw one punch and hit the other guy. He then walks away and drives home. The other guy was hit so hard, right in the eye. The guy had his eye socket fractured in 3 spots, has his eye sunken in, has nerve damage with a numb face, and can't be in the sun or drive for long periods without major head aches. The defendant didn't talk to anyone about it till he was arrested calling his lawyer then. Now the defendant claims self defense and also claims his hay maker punch(as it was described) was not intended for the guys eye. But by California law and how it applies to this case Self defense states you can only use force equal to or less then applied to you. So ultimately He is guilty. Guilty of felony assault with cause of serious injury. Guilty of felony battery with cause of serious injury. We the jury deliberated for over a day to reach a verdict that was turned in right before lunch. We break for lunch and when we return the verdict is read in court. Guilty on both counts. Then the defendants lawyer asked the judge to poll the jurors which is where they go one by one and ask if the verdict entered is what they believe in accordance with the law how it applies and instructions set forth by the judge. Sure enough the first person they ask, juror #1 starts crying in court going off about how before lunch she felt one way and how now she feels different and on and on about on some personal story. The judge then asks her again as she didn't really answer him, at which she says no I do not. At that point we were sent back into the jury room and asked to deliberate some more. We get called into court where the judge rules our verdict null. We are then instructed to deliberate again. The day ends and the next day start with the judge interviewing each juror individually in his chambers as he never has had such a thing happen. After interviewing us we are instructed to deliberate which we did over a day and a half. Then our foreman sends a note to the judge that we will never reach a verdict. We return to court and the judge asks our foreman why we can't reach a verdict. Is there anything the court can do to help such as reread instructions or reread court testimony. At this point our foreman says no there is not. On record our foreman explains how juror #1 failed to comply with instructions set forth by the judge, She used the internet to look up various information which was specifically expressed to be a big no no as set forth by the judge. So on record the judge takes the verdict numbers, not wanting to know guilty or not guilty but what the split was. It was 11 to 1 guilty to not guilty. We were dismissed after that and a mistrial was declared. A lot of the jurors left really upset when we left that this one person saw him as guilty then for whatever reason changed her mind. Based on the law, how it applies, and the evidence provided in court the d.a. proved beyond reasonable doubt that the defendant was guilty. Why this one juror saw it differently is beyond me. Now the good news is that they can do trial again and maybe this time a jury can reach a verdict, which is what we failed to do. You never really think about life and how quickly it can change. Saturday I got cut off driving and I hit the horn. Well the guy maneuvers to get next to me right after and starts to yell at me and gesture to me and such. I had to pull over, I was shaken up. I started to think holy crap that is how the case I was a juror on started and they just wouldn't let it go.
My dad just got diagnosed with cancer this past week. He is 80 and it's melanoma. He had a birth mark on his leg that one day recently, changed colors. They did a biopsy and it was malignant. it has been removed but this coming week they are doing a second biopsy on his lymph nodes. If they test negative then nothing to worry about and just return for check ups. If they test positive then need to start discussing treatment. If he so chooses treatment, something he was discussing and that he may not do it. I never saw him go to the doctor for being sick maybe a broken bone or the shattered hip he got falling off the roof a year ago but never been sick.
Then I spent this entire week on jury duty. Started over a week ago. The case was a criminal assault and battery and to be honest was interesting.
it started off with 2 guys who got into some road rage as one cut off the other guy. Words were yelled back and forth as well as few curse words and gestures. turns out they were going to the same place, to drop their kids off of school. As the arrived. The defendant, the one who originally cut off another driver noticed the other driver was behind him. He took it upon himself to go have words with the other driver. As he approached the other driver, the other driver flew open his door and nearly hit the defendant with the door. He then got out of his car. They started to go at it verbally and the defendant claimed that the other driver said I am going to kill you and pushed him. The other driver was 5 foot 6 inches tall and weighs 120 pounds. The defendant was 6 foot 3 inches tall and weighs 220 pounds. Now none of the witnesses heard anything but could collaborate visually the pushing as well as what appeared to be verbal confrontation. The defendant right after being pushed threw one punch and hit the other guy. He then walks away and drives home. The other guy was hit so hard, right in the eye. The guy had his eye socket fractured in 3 spots, has his eye sunken in, has nerve damage with a numb face, and can't be in the sun or drive for long periods without major head aches. The defendant didn't talk to anyone about it till he was arrested calling his lawyer then. Now the defendant claims self defense and also claims his hay maker punch(as it was described) was not intended for the guys eye. But by California law and how it applies to this case Self defense states you can only use force equal to or less then applied to you. So ultimately He is guilty. Guilty of felony assault with cause of serious injury. Guilty of felony battery with cause of serious injury. We the jury deliberated for over a day to reach a verdict that was turned in right before lunch. We break for lunch and when we return the verdict is read in court. Guilty on both counts. Then the defendants lawyer asked the judge to poll the jurors which is where they go one by one and ask if the verdict entered is what they believe in accordance with the law how it applies and instructions set forth by the judge. Sure enough the first person they ask, juror #1 starts crying in court going off about how before lunch she felt one way and how now she feels different and on and on about on some personal story. The judge then asks her again as she didn't really answer him, at which she says no I do not. At that point we were sent back into the jury room and asked to deliberate some more. We get called into court where the judge rules our verdict null. We are then instructed to deliberate again. The day ends and the next day start with the judge interviewing each juror individually in his chambers as he never has had such a thing happen. After interviewing us we are instructed to deliberate which we did over a day and a half. Then our foreman sends a note to the judge that we will never reach a verdict. We return to court and the judge asks our foreman why we can't reach a verdict. Is there anything the court can do to help such as reread instructions or reread court testimony. At this point our foreman says no there is not. On record our foreman explains how juror #1 failed to comply with instructions set forth by the judge, She used the internet to look up various information which was specifically expressed to be a big no no as set forth by the judge. So on record the judge takes the verdict numbers, not wanting to know guilty or not guilty but what the split was. It was 11 to 1 guilty to not guilty. We were dismissed after that and a mistrial was declared. A lot of the jurors left really upset when we left that this one person saw him as guilty then for whatever reason changed her mind. Based on the law, how it applies, and the evidence provided in court the d.a. proved beyond reasonable doubt that the defendant was guilty. Why this one juror saw it differently is beyond me. Now the good news is that they can do trial again and maybe this time a jury can reach a verdict, which is what we failed to do. You never really think about life and how quickly it can change. Saturday I got cut off driving and I hit the horn. Well the guy maneuvers to get next to me right after and starts to yell at me and gesture to me and such. I had to pull over, I was shaken up. I started to think holy crap that is how the case I was a juror on started and they just wouldn't let it go.
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but thanks again guys for all the well wishes, It means a lot.
