June 18, 2008
Morning Roundup: Juries, Joules and the Just-Elected

Good morning, Washington, and welcome to what looks to be a beautiful Wednesday. The Capital Weather Gang says that we might get a few afternoon showers, but otherwise things look like they'll be gorgeous from now through the weekend.
D.C. Jury System Deemed Okay: The Post reports that the D.C. Superior Court has issued a ruling in a case brought by the city's Public Defender Service. Pointing out that during a period when 60 percent of the city was black only 36 percent of its jury members were, the PDS maintained that the jury selection process unfairly excludes minorities. Ultimately, the Superior Court disagreed. Despite this, the jury system is undergoing improvements spurred by the investigation prompted by the case.
Energy Bill Set To Pass: Mary Cheh says she has the votes for her green energy bill, according to the Post. The measure would require that 20% of the District's electricity come from renewable sources by 2020. Also likely to pass: legislation that would place a electronic sign displaying D.C. residents' federal tax payments outside the new baseball stadium (despite the team's stated opposition). Both bills will be voted on July 2.
Edwards Wins Special Election: Netroots darling Donna Edwards has won the vacated seat of Rep. Al Wynn in Maryland's Fourth District, defeating Republican Peter James. The win makes Edwards the first African-American congresswoman ever elected in the Old Line State, as the AP (via WTOP) reports. She'll serve the rest of the year, then face another race against James in November. It looks to be an uphill battle for the Republican: although turnout was low, Edwards appears to have captured over ninety percent of the votes that were cast.
Briefly Noted: MoCo water passes first of two safety tests; final word expected today... Montgomery email alert system failed to work because employees familiar with it were out of town... Fairfax police examine their take-home squad car policy... FEMA rescinds policy that would have made downtown a flood zone... Twenty-one burglaries linked to single suspect... Director of Islamic Saudi Academy in Va. arrested for failing to report child abuse...
This Day In DCist: One year ago Mr. Spock met Bad Brains.
Image posted to DCist Photos by Flickr user synapped

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Man, I love how DC refuses to learn from anything! Thank you, DC Public School System. I'm not even talking the Katrina level disasters. Check your history books; prior to the Corps of Engineers dredging Hains Point and the Jefferson and Lincoln Memorials, the Mall used to flood on a regular basis. Center Market, where the National Gallery is now, would flood out all the time when the C&O Canal was in its backyard. Yeah, that s**t's never gonna happen again, because George Bush cares about downtown condo dwellers.
So DC's like, "FEMA? Can you please change the results of your study so that we don't have to actually fix any problems? K THNX BAI!" On the brighter side, the Penn Quarter condo crowd just got some new Olympic size underground swimming pools with no hike to their condo fee! Hot tip: be sure to trade in that Mini for a kayak. And I know somehow they will try and sell a soccer stadium as a solution to all this.
That $2.5 mil isn't going to fix the problem. It's going to a consultant so that they can fly to the Australian Outback to study how they deal with floods. $2.5 mil wouldn't pay for a thumb to stick in a dike. And speaking of dikes, mad props to all my newly married homo brothers and sisters in Frisco. Now you can be just as miserable as your hetero counterparts. You did get them to sign the pre nup, right?
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"Pointing out that during a period when 60 percent of the city was black only 36 percent of its jury members were,"
Um, the Court found that this statistic was bullshit.
So why do you print it as fact?
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Let's do the jury pool math:
City: 60% black
Jury: 30% black
Defendants in criminal cases: 99% black
Well, there are your missing 30% who aren't sitting on jurys
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Jury duty in DC is your best entertainment value. Always fun to see who's wearing a jacket and tie and who's wearing a XXXXXL Tupac teeshirt, poopy pants, and flipflops.
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"FEMA rescinds policy that would have made downtown a flood zone..."
Well, shoot, this one is easy. All you need is a Hurricane Katrina memorial that actually serves as a working levee. Even better, put a 500 ft. statute of Brownie on top of the levee, ostensibly fixing his Internationla Arabian Horse Association tie and looking in a mirror checking his makeup for the cameras. We could call it the Colussus of FEMA. Of course, you'd have to figure out how to write: "If you poor black folks weren't who you were, you have had one of these babies" in latin and use Vs for Us to be printed in a banner along the face of said levee. But hot damn--- you can get a hell of a lot more cash for a memorial than you can some stupid public works project.
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That picture reminds me of my old girlfriend: skinny white girl with a big head who was only happy when she was surrounded by s**t.
I kid! I kid! Good times we had. The worst I could say about her is that she subsisted on a steady diet of lithium, drama, and semen.
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Pfft. Nobody reads Latin anymore. To be relevant to future generations, the memorial should bee in leet:
"YR D01N A H377UV4 J08 8R0WN13"
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LOL Monkey
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And can we please up the ratio of American Apparel booty shorts ads and ditch the ones with the androgynous blond manorexic? He's really providing a negative body image to our young boys. How many impressionable lads will look at that picture and tell their heartbroken mothers, "No Steak Ums for me tonight, mom. I'm on a diet so I can look like John Mayer! Now I have to practice playing his coochie-begging music on my sousaphone. BYE!"
It just breaks the heart.
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Apparently Monkey gets his weekly crack delivery around 8:30 on Tuesdays. Just FYI.
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Kudos to DC1974. It is in fact still Tuesday here in the Somerset Maugham suite of my Bangkok brothel.
Get Thai'd! You're talking to a tourist whose very move's among the purest.
I get my kicks above the waistline, sunshine.
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It's gonna be great next time Sommer pisses of Mother Nature and the Potomac floods. I can see Fenty standing at the river's edge with a copy of the new FEMA flood zones yelling that the river is forbidden to flood. Then he'll get into his Smart Car and float downriver and search for the Lands of the West with Gandalf, Frodo, and Elrond.
And the 20% of energy coming from renewable energy sources by 2020 (Get it? 20 by 2020?! Those tree-huggers can sure come up with some crazy shizzle!) -- Is that even feasible? Or is it like when the Council and Congress pass laws saying all kids will be smart by 2010 or all CFO employees won't steal money by 2050?
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Monkey, that song came up on shuffle during my morning commute. Eerie.
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So does this mean I still have a greater propensity of being selected to serve on a jury? I really should take up a Hamurabi mentality when it comes to crime-and-punishment. You steal from someone? Great, cut off your hand!
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Hillman's right, those statistics are total junk. They were based upon voluntary and completely unscientific surveys that are taken at the end of jury duty. It might as well have been stats from a "Take this survey and win a free ipod" ad. I know that when I finish up jury duty, I just want to get the hell out of there and make sure I'm not being followed by the family of the man I just sent to prison.
What I'm confused about is that the article I read last night on the Post was a lot more detailed than this article. Does the Post routinely publish articles online, and then edit them down?
The article I read last night had the detail on where the public defender got their stats (the unreliable voluntary surveys I mentioned above). And it also had stats showing specifically how the DC courts send out a disproportionate amount of jury summons to African-Americans (I think it was something like 60-65%). The conclusion that the Post was too delicate to make explicit was that in DC fewer African-Americans show up for jury duty than whites.
But the thing is, the courts don't ever try to track down people. They just end up calling back the people that actually show up. Once they identify you as a good citizen, you will get hit up every two years, almost to the day.
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Wow, Monkey, you're rolling this morning. Nice.
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so far 43% of the comments on this thread are from monkey. crack delivery? hmmmm, not that kind of crack. my guess is that mrs. monkey gave it up this morning (i.e peeled his banana).
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I have lived in DC for more than 10 years. I pay taxes here. Own a residence. Have a driver's license. I have NEVER received a jury duty summons.
Who wants to rub me for good luck?
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"my guess is that mrs. monkey gave it up this morning (i.e peeled his banana)."
There's a visual I did not need during my morning cup of coffee.
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Jury duty in DC is your best entertainment value. Always fun to see who's wearing a jacket and tie and who's wearing a XXXXXL Tupac teeshirt, poopy pants, and flipflops.
It's ridiculously easy for a Black man to avoid being chosen for a jury. Here's my (so far, 3x) foolproof plan for not getting chosen.
Do:
1. Put on the baggiest jeans or shorts I have
2. Accessorize with some gratuitous logo fashion
Don't:
1. Wear Malcolm X glasses (my preferred eyewear for the last 6 years)
2. Bring a laptop
3. Read anything other than Source magazine while waiting
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OldPoster: Just because you're not in a FEMA flood zone doesn't mean you're not at risk for flooding. I'm pretty sure Fenty understands this.
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The conclusion that the Post was too delicate to make explicit was that in DC fewer African-Americans show up for jury duty than whites.
Isn't that pretty much what happens when construction crews try and hire the homeless? I mean, 90% of life is just showing up. But can you really blame them? There's no free food. There's no decent tv in the waiting room. They should make jury duty a kickass adventure. Set up some XBoxes with Grand Theft Auto in the waiting room, or even a Wii Fit with some kind of game where you loiter, shakedown hookers, and throw chicken bones at treeboxes. Hell, just have a guy in a dog outfit hand out clues to the jury. Whose clues? BLUES CLUES!
Mrs. Monkey said if I was a good monkey, I'd get banana puddin' with Nilla Wafers. And monkey likes his puddin'.
Aw yeah.
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Who wants to rub me for good luck?
Cranky, put on a panda costume and a ball gag and you've got a deal.
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Oh, sorry. You said "good luck."
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"who's wearing a XXXXXL Tupac teeshirt, poopy pants, and flipflops."
It was one Wednesday, in August. That's all I had clean.
Quite riding my ass already.
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"I have lived in DC for more than 10 years. I pay taxes here. Own a residence. Have a driver's license. I have NEVER received a jury duty summons."
That's insane, considering I've been a D.C. resident for three years, and have been summoned as a juror THREE times (only had to show up twice though).
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Doesn't the stadium lease give the Nats full control over every sign that goes (or does not go) on stadium property? Good luck getting that tax sign ever to see the light of day. Marion Barry will become an upstanding citizen of unimpeachable conduct before that happens.
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If it makes you feel better I wore shirts from my extensive collection of Kenny G and Yanni concert t-shirts the rest of the week....
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The FAR bigger problem here is jury nullification. Quite a few people have served on DC juries, only to say that there was absolutely no way a guilty verdict was possible, no matter what the evidence.
Quite often there's a least one person there saying 'there's too many of our black babies in prison already, so I'm not adding one more even if he's guilty'.
It's not really scientific, but three different guys I know say this is exactly what happened on juries they were on.
This is a story the Post will never touch.
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People don't serve on juries because they either don't understand or don't care about the concept of "civic duty." What does the individual owe the state apart from taxes? Anything? Public service? Volunteering? Passing fair judgement on that guy down the block accused of a crime? Or is it all about what you can get out of the state? A jury of ones peers can't function properly if the peers don't give a fat rat's fart about themselves or justice or even their own peers. So you can't really complain about "the man" f***ing with your s**t when you can't even be bothered to help out your fellow men who are accused of having their s**t f***ed with.
Or, to flip that tired old saw on its head, if it's "just us," there is no "justice."
Word to your muthah.
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To follow Hillman's point - a colleague of mine was on a murder trial 2 years ago. The evidence was overwhelmingly clear that the defendant was guilty (didn't help when defendant was laughing at the testimony of how the shooting occurred). The jury deliberated for several days before telling the judge they were hopelessly deadlocked. It was 11-1 in favor of a guilty vote. There was one woman who refused to vote guilty, even though she acknowledged the evidence was pretty clear on the guy's guilt, because she didn't want to send another young black man to jail and she believed the trial was an effective wake-up call to him to change his ways. She wouldn't budge from her position and the judge declared a mistrial.
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"she believed the trial was an effective wake-up call to him to change his ways. She wouldn't budge from her position and the judge declared a mistrial."
It's a shame she can't be forced to meet with this guys new victims after she allowed him back on the street, to explain exactly her role in it all.
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Jury duty pleases the judges' booty.
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"I have lived in DC for more than 10 years. I pay taxes here. Own a residence. Have a driver's license. I have NEVER received a jury duty summons."
That's insane, considering I've been a D.C. resident for three years, and have been summoned as a juror THREE times (only had to show up twice though).
That is insane. It seems like I get another summons exactly when my 2-year jury-duty-free period is up. I suspect you've fallen into one the many holes in the DC gov system. Not always a bad thing.
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How is this "tax sign" going to be paid for? With my taxes I assume?? Now THAT'S an effective use of money. I guess it's a good thing there's no crime in this city, the public school system is outstanding, and the Metro is functioning perfectly. Otherwise it would just be silly to waste money on this sign...
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The FAR bigger problem here is jury nullification.
In DC perhaps that's a problem, but the flip side to that is a couple of hundred years of all white juries deciding the fate of black defendants. I'm sure there was never anyone in the jury room saying, "Who cares if he did it or not? Let's just put his black ass in jail so I can make it home for dinner."
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Cranky: that is quite amazing that you've never been called for jury duty.
DC tried getting me to serve even before I became a citizen.. and now that I am a merkin, they've called me twice- served on one.
Only two African Americans in that jury, even though all the people involved in the trial were African American.
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I get called for jury duty like clockwork on the same day every other year. My day used to be February 14. I had to get a deferral last time, so I am now sometime in the summer.
I have been selected for two juries, one civil and one criminal. In the civil case, we deliberated for about five minutes and reached a verdict. In the criminal case, there were holes in the prosecution's argument that left us to acquit on one count and deadlock on two others. In discussion with the prosecutor afterwards, they had a witness that would have filled in the holes that was unable to make it to testify. She said she would make an effort to make sure he was there for the retrial.
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How much of the problem is jury nullification, and how much is the fact that the same hundred guys are committing 90% of the crimes in DC?
Over on 12th Place in Northwest there's a little rowhouse where the family's been dealing drugs since the 1960s. Granddad started the business, got arrested, gave it to his kids, who got shot, and there's the current generation running the business. From heroin to reefer to crack and back to reefer again. I gotta wonder how much of a generational criminal class DC has.
Who says kids today can't learn?
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damn, i picked a terrible day to have meetings all day. thanks for brightening things up though, i just laughed at loud at what everyone's written this morning!
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FEMA rescinds flood zone map of the National Mall? What horrible news !
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"In DC perhaps that's a problem, but the flip side to that is a couple of hundred years of all white juries deciding the fate of black defendants."
True. But totally irrelevant. And not an excuse.
But to be precise, it wasn't a couple hundred years ago. It was a couple decades ago, and I'm sure still happens on occasion in southern states.
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I will be setting up a "Rub Cranky for Jury Duty Immunity" booth somewhere Metro convenient. Details to follow.
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@Hillman & Cranky: I've been called to jury duty many times, was only picked once and HAD THAT EXACT EXPERIENCE! Some old lady hung the jury with a "he looks like a nice boy, I cannot convict another black boy to jail," response and held to it. Those five days in deadlock sucked the life out of me. Useless!
No comment from me on the banana pudding.
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Connie:
It's a huge problem. I know we all get a trial by jury, but the system breaks down totally when jury nullification is so common as it is in DC.
I'm no lawyer, but perhaps there's some way we could devise a system where we could identify jury nullification and retry the individual if we can prove that jury nullification was the reason for the hung jury?
I'd say educating jurors better would be good but, honestly, that ain't going to work.
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Someone correct me if I'm wrong but don't you when being chosen to serve on a jury swear under oath that you will decide the case based on its merits and the facts presented?
If so couldn't we start going after those who blatantly admit to not doing this for perjury? Or at the very least have them replaced (and preferably blacklisted) rather than nullification. Do jury's usually have alternates or is that only for big cases?
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"What I'm confused about is that the article I read last night on the Post was a lot more detailed than this article. Does the Post routinely publish articles online, and then edit them down? The article I read last night had the detail on where the public defender got their stats (the unreliable voluntary surveys I mentioned above)."
Reid: Yeah, I noticed that, too. The print edition of the Post went into much more detail, talking about how they used the nine-digit ZIP codes provided by jurors who served between Nov 2005 and Nov 2007, geocoded them to Census 2000 blocks (translation: figured out which Census 2000 block that particular piece of the ZIP code was in), and then took into account the Census 2000 race/Hispanic data for that particular block to guess at the likely race of the juror.
This method would work fine except for the fact that in 2007 the racial patterns in some DC census blocks (note: blocks are very small units of geography, often just 1 city block) looked nothing like they did in 2000 and in many cases would greatly overestimate the number of Black jurors and underestimate the number of White (and Asian) jurors.
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Dad?
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Flapjack- so you're the one who took that username! Does this mean I have to change names? (I'm new here--it's no big deal for me to change names...)
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dcist: now a family affair!
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You people are DEAD to me!
People who know about the human heart, though, mebbe they'd say, Monkey over here, he gives his honey love, and she pays him back with pity – the basest coin there is.
HONEY? WHERE ARE YOU DAMMIT? SUNSABITCHES WHERE'S M'HONEY!
[rolls on floor with whisky bottle, passes out.]
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flapjack daddy - one can never have too many flapjacks :)
IMGoph - it's not really my dad. At least I don't think it is....