Monday, November 02, 2009

Aftermath, part 1

The evening of the verdict I got this email from the Red Giant (Kate is his editor. He had started to write about the verdict.):

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From: Red Giant
To: "Susan Fernbach"

I think this has something to do with why Kate didn't want me to do the story

---------- Forwarded message ----------
From: David Markham
Date: Mon, Jul 27, 2009 at 5:24 PM
Subject: RE: Reporter with question about kenny rogers trial
To: Frank Hartzell

Mr. Hartzell,

I recently learned your wife was on the jury in this case. I would be interested in speaking to her if she is willing. I am always interested in getting feedback from jurors in any case I try. Please let me know if she would be interested in speaking to me.

Thank you,

David Markham

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Who the hell had dropped that bit of inaccurate info?

My stomach took a downward swoop, and over the next days I spent hours googling “juror misconduct,” just in case the questionnaires were released as the defense was requesting, and my parsing got me in trouble. I read about jurors cited for contempt and verdicts thrown out, and I was near puking from anxiety. All that work. All our dedication. Potentially wasted due to my clever word games, my love of hair-splitting, someone's wrong-headed idea of my relationship?

Two days before sentencing was scheduled, feeling really awful, I ran into a fellow juror, “L,” in Safeway and mentioned what was going down. She called the ADA and, I learned later, told him I had not tried to influence any other jurors with whatever knowledge I had of the case from knowing the Red Giant. "L" and I talked on the phone and agreed to go to the sentencing together.

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