Wheels of Justice, Part II

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Our justice system is truly elegant and something to admire. Our Founding Father’s deserve our gratitude and admiration.

The case of “Holly” versus the Commonwealth of PA was finally called to trial on Tuesday morning. I moved from the hallway to a magnificent and large courtroom. It was quite crowded with every potential juror waiting for their number to be called.

In Court Room One, the judge was navigating through the various trials, jury selections and verdicts for the day. His court room was efficient and impressive with just a hint of late night talk show charisma. I couldn’t help but enjoy the experience.

And then it was Show Time. Show Time has best been described as Law and Order meets Jerry Springer.

The defendant, her attorney, the arresting office and district attorney were all introduced and jury selection began. Seven jurors were replaced in the process by the defense or the DA. It was not announced who and why they were removed. I suspect because some were landlords (with bad tenant experience) and some were tenants (with bad landlord experience). Maybe some had their appliances stolen or a bad experience with an appliance repairman. Who knows what information these guys had on them?

As the victim, I was called to testify first. My role was pretty straight forward: establish that I owned the appliances and that they are no longer in my possession. The defense attorney jumped at me on two issues: (1) the lease doesn’t say I own the appliances and (2) I wasn’t even there when the tenant moved out.

The first point was almost true as the lease did reference the appliances. On the second point, these guys were being evicted by an armed constable… you bet I didn’t want to be there. It turned out they “moved out” in the middle of the night just before the constable showed up. Everyone but one of the ten or so folks that were now living there.

He made the point that I didn’t even know that guy’s name. Of course not! He was living there illegally and one (of the many) reasons why Holly was evicted. He was on house arrest and couldn’t leave the apartment as that is where he was plugged in. But somehow, this was all my fault.

There was also a witness who testified that she saw my appliances on a truck with the tenant’s possessions. Pretty straight forward? Not until the defendant claims that the only reason the witness is testifying against her is that she (the witness) had an affair with the victim’s boyfriend and she (the defendant) ended up with the man so she (the witness) is trying to get back at her. Must have been some boyfriend for the witness to spend two days (of her own time) at the court house, another day for the pre-trial hearing and all the dealings with the subpoenas and the DA’s office. .

The defense attorney provides closing arguments first. There are two things implanted in my memory…(a) he tells the jury that it doesn’t matter what he or the DA says, that they have to way the facts as presented by those on the stand and (b) he tells the jury that I (the victim) cannot recall any of the details of the eviction and when the appliances were missing. Here’s another lesson learned: attorney’s can lie, it’s up to the jury to remember what I said… he doesn’t have to tell them. In fact, he can apparently tell them something entirely different. Which he did in his closing argument.

So the jury heads off to the “room” for deliberation and we wait, once again, in the hallway. We’re called back one hour later. Somehow I wasn’t surprised when the jury acquitted her. The DA told me I could stay and ask the jury questions to gain an understanding of why they rendered the verdict. I didn’t have the patience or will to stay. It sounds like a cliché, and in the scheme of things I am out about $5,000 from this experience (appliances plus damages plus back rent), but you do feel victimized again. Perhaps, even worse, as your faith in a system you respect and in the common sense of your fellow man is called to question.

The judge was about to tell “Holly” she is free to go but the bailiff indicated that she is already in prison. I later learn that earlier this year that she lost her children to foster care and she and her boyfriend were both imprisoned… likely on drug or theft related charges.