Jessie Haynes....I bet this gets good

[thetragichippy]

And I ASSUMED there were women. All men? HMMM?

Her attorney picked them.....hmmm

[tvc184]

Her attorney picked them.....hmmm

 

Kind of.

 

They don't pick jurors, they eliminate them with strikes. Apparently all of the women on the pool were either struck or there were some remaining and the random order that they were seated had 6 men seated first. There may have been a couple of women left in the pool but the random order and the non-striking of the 6 seated jurors allowed them to serve. 

[tvc184]

.... and you've got to love the sentencing. She selected the judge instead of the jury to assess punishment and she got the maximum fine and two years of regular probation, meaning that it is permanently on her record. The DA offered $1,000 and 6 months of deferred meaning that it would show no record of a conviction. 

 

What a great deal she made by going to a jury and then the judge for punishment.  :D

[thetragichippy]

Kind of.

 

They don't pick jurors, they eliminate them with strikes. Apparently all of the women on the pool were either struck or there were some remaining and the random order that they were seated had 6 men seated first. There may have been a couple of women left in the pool but the random order and the non-striking of the 6 seated jurors allowed them to serve. 

 

I didn't know that.....I though the two lawyers by questions agreed on who would sit. Learn something everyday!

 

I like the defense on closing claiming the video is photoshoped....lol

[tvc184]

I didn't know that.....I though the two lawyers by questions agreed on who would sit. Learn something everyday!

 

I like the defense on closing claiming the video is photoshoped....lol

 

Typically there are twice as many people in the jury pool as will sit on the jury like 12 people on a 6 person misdemeanor or 24 people on a 12 person felony trial although on some trials it can be quite a few more like a Capital Murder trial. 

 

After the questioning of the pool (voir dire) by the attorney for the state (DA) and defense, the attorneys "strike" (peremptory strikes) the ones that they do not like by reasoning that the person would have a hard time rendering a fair verdict. The first 6 (or 12 for a felony) members of the jury pool that are not struck will sit on the jury. 

 

The pool sits randomly so it is not alphabetical or by another other segregated means. The bailiff will typically call the 12 members of the pool for a misdemeanor and shuffle the cards and then randomly seat the pool as it comes out after the shuffle. 

 

Each attorney usually gets to strike half of the extra people in the pool. For example 12 people are seated in the pool for a misdemeanor. They need to get down to 6 for the trial meaning that up to 6 can be removed or struck. So each attorney then gets 3 strikes. Even if the DA and defense attorneys strike different people, there will still be 6 left for the trial. They may however strike the same person as the strikes are anonymous. For that reason, there may be more than 6 qualified jurors but the first 6 will get the job and the rest will simply be released. 

 

Let's say the jurors are numbered 1-12 and each attorney gets 3 strikes. You might end up with something like this:

1 

2 (X by DA)

3 (X by Defense)

4

5

6 (X by DA and Defense)

7

8 (X by Defense)

9

10

11 (X by DA)

12

 

You will see that 7 jurors survived the strikes but the first 6 will serve and  juror #12 will be the odd man out as 6 had already survived (1, 4, 5, 7, 9, 10).

 

Clear as mud?

 

Also, the attorneys can strike for almost any reason HOWEVER they cannot be struck for race according to the SCOTUS ruling in Batson v. Kentucky (I think that is still the prevailing case). If one side thinks the other struck a potential juror in a peremptory strike based solely on race, they can challenge it and make the other side show the judge why the juror was struck. The judge can then accept or strike the juror, almost like ruling on an objection in trial.  I have been in cases where a challenge was made but the striking attorney has always been able to show why the strike was made other than by race. Like maybe it was a DWI trial where I was on the pool and when challenged, the DA said that during the voir dire the struck juror stated that he had two family members convicted of DWI, meaning that the juror might be prejudiced toward the police for a DWI arrest. The judge would then rule that that was a valid reason to strike the juror for fairness and not solely race based. 

[tvc184]

Also, each state and the federal government systems have the right to make their own laws and may vary slightly from the TX system but they will essentially be the same. Some states or the feds might require a reason to strike anyone instead of a peremptory strike without a need to state the cause. Others might also have alternates in each trial instead of the usual 6 or 12 and other variations. 

[stevenash]

Noticed that the judge in this case was an African American

[tvc184]

Noticed that the judge in this case was an African American

 

There are supposed to be 7 neutral people in this case. They are the 6 jurors and the judge. Of those 7, 4 of them are black.

 

I saw (I think) the representative from the Beaumont NAACP and he called this a lynching of another black in Beaumont. Really? A majority of the participants were of the same race as the defendant. Did they take race into account of did they simply look at the video showing the very convincing evidence that Haynes was blocking the door? 

[thetragichippy]

Thanks TVC....you explained that great.

She appealed....

[tvc184]

Thanks TVC....you explained that great.

She appealed....

 

Kind of standard, especially in a high profile case.

 

Appeals are generally based on an error by the court (judge). They don't get to just routinely retry the case but have to show a valid reason why it was not a fair trial. There is always an argument to be made by a lawyer as long as he is getting paid. 

 

It can be a racial appeal like the one I mentioned before. Even though there were three black men on the jury, another person may have been struck by race like maybe a black female was struck and the defense wants to contest it. Other examples of appeals might be like maybe an objection made by the defense on piece of testimony or physical evidence during the trial did not go the way the defense liked or they can simply contest the law itself as being unconstitutional. 

 

Most cases are not overturned but you never know........... 

[CGull8]

I don't believe this should have tied up our court system. But since it did, I think they should have sentenced her for 6 hours in jail and then have a guard block the door refusing to let her out.

[Bigdog]

Typically there are twice as many people in the jury pool as will sit on the jury like 12 people on a 6 person misdemeanor or 24 people on a 12 person felony trial although on some trials it can be quite a few more like a Capital Murder trial. 

 

After the questioning of the pool (voir dire) by the attorney for the state (DA) and defense, the attorneys "strike" (peremptory strikes) the ones that they do not like by reasoning that the person would have a hard time rendering a fair verdict. The first 6 (or 12 for a felony) members of the jury pool that are not struck will sit on the jury. 

 

The pool sits randomly so it is not alphabetical or by another other segregated means. The bailiff will typically call the 12 members of the pool for a misdemeanor and shuffle the cards and then randomly seat the pool as it comes out after the shuffle. 

 

Each attorney usually gets to strike half of the extra people in the pool. For example 12 people are seated in the pool for a misdemeanor. They need to get down to 6 for the trial meaning that up to 6 can be removed or struck. So each attorney then gets 3 strikes. Even if the DA and defense attorneys strike different people, there will still be 6 left for the trial. They may however strike the same person as the strikes are anonymous. For that reason, there may be more than 6 qualified jurors but the first 6 will get the job and the rest will simply be released. 

 

Let's say the jurors are numbered 1-12 and each attorney gets 3 strikes. You might end up with something like this:

1 

2 (X by DA)

3 (X by Defense)

4

5

6 (X by DA and Defense)

7

8 (X by Defense)

9

10

11 (X by DA)

12

 

You will see that 7 jurors survived the strikes but the first 6 will serve and  juror #12 will be the odd man out as 6 had already survived (1, 4, 5, 7, 9, 10).

 

Clear as mud?

 

Also, the attorneys can strike for almost any reason HOWEVER they cannot be struck for race according to the SCOTUS ruling in Batson v. Kentucky (I think that is still the prevailing case). If one side thinks the other struck a potential juror in a peremptory strike based solely on race, they can challenge it and make the other side show the judge why the juror was struck. The judge can then accept or strike the juror, almost like ruling on an objection in trial.  I have been in cases where a challenge was made but the striking attorney has always been able to show why the strike was made other than by race. Like maybe it was a DWI trial where I was on the pool and when challenged, the DA said that during the voir dire the struck juror stated that he had two family members convicted of DWI, meaning that the juror might be prejudiced toward the police for a DWI arrest. The judge would then rule that that was a valid reason to strike the juror for fairness and not solely race based. 

 

Do they usually sit a couple of alternates?  Maybe juror #13 and 14?

[5GallonBucket]

many more to come

[mat]

I saw an interview on TV with the local NCAA president who called this a modern day lynching right here in Beaumont. I think that is a huge insult to all past lynching victims.

[thetragichippy]

I saw an interview on TV with the local NCAA president who called this a modern day lynching right here in Beaumont. I think that is a huge insult to all past lynching victims.

 

She BLOCKED the door......all the other crap don't matter....It could have been 6 skinheads that convicted her, would not matter.....she still BLOCKED the door on VIDEO.....lol

 

Guilty

[westend1]

Do they usually sit a couple of alternates?  Maybe juror #13 and 14?

They dont usually seat alternates unless they expect a long trial.  That way, they have someone available who has heard all the evidence just in case a juror gets sick or something.    Also, they will have more than 12 in the panel.  Some will almost always be stricken for cause.   The attorneys dont have to use peremptory strikes on those.

[Bigdog]

And now she continues to take money from the district, on "sick leave" since the assault leave excuse won't work.

 

http://www.beaumontenterprise.com/news/article/Haynes-No-longer-on-assault-leave-trustee-says-5500555.php

[Bigcam2903]

The Jury did their Job. She can Appeal, Great :wacko: 

Now we can focus on other issues. This is just the beginning of a long road to Recovery. I'm Game

[TxHoops]

The Jury did their Job. She can Appeal, Great :wacko: 

Now we can focus on other issues. This is just the beginning of a long road to Recovery. I'm Game

 

Exactly.  I'm not quite sure how to take the fact that people are surprised she was convicted because there were three African Americans on the jury.  If you were on a jury where a white man or woman was being tried for a crime and that individual was captured on camera committing this crime, would you vote to acquit just because they share your race?  Of course not.  Why would you think someone of a different ethnicity would be any different?  I would hope most of us moral, principled people who take any oath we take seriously, regardless of our race. 

[tvc184]

Do they usually sit a couple of alternates?  Maybe juror #13 and 14?

 

I have sat on about four juries and I have never seen any alternates. An alternate is merely to replace a juror that gets sick and most trials only take a day or two so there isn't much chance of a sick juror. When you have CA cases like the OJ trial that take almost a year, they need someone to sit in just in case. Those alternates sit in the jury box and hear the entire trial but once the trial ends, they do not get involved in the deliberation unless they actually replaced a sick or removed juror. 

[tvc184]

They dont usually seat alternates unless they expect a long trial.  That way, they have someone available who has heard all the evidence just in case a juror gets sick or something.    Also, they will have more than 12 in the panel.  Some will almost always be stricken for cause.   The attorneys dont have to use peremptory strikes on those.

 

 

And had I seen this response first, I wouldn't have answered. 

 

:)

[PhatMack19]

She's back at work.....

http://m.beaumontenterprise.com/news/article/BISD-s-Jessie-Haynes-returns-to-work-after-5511010.php

[Mr. Buddy Garrity]

She's back at work.....
http://m.beaumontenterprise.com/news/article/BISD-s-Jessie-Haynes-returns-to-work-after-5511010.php

that was fast

[BLUEDOVE3]

that was fast

Not really, she was injured several weeks ago.

[Bigcam2903]

She's back at work.....

http://m.beaumontenterprise.com/news/article/BISD-s-Jessie-Haynes-returns-to-work-after-5511010.php

We All must work. Don't work, don't Eat is what I was taught. She must have bills to pay.