Dashmann Reports --- on vicious murder

(This is contributed by a friend.)

The Trial

Recently, I participated as a juror in a triple murder trial in Genesee County. Three young , black men were on trial for a killing spree which took place over 2 nights in January, 2006.

The first night, an elderly black couple had their north Flint house broken into, were subsequently robbed, the lady pistol whipped as she was watching channel 12 news, and both were shot to death.

The next evening, 5 blocks away, an elderly white gentleman, like the couple, had his door kicked in, was beaten, had his throat cut, and was robbed. After he was dead, the thieves stabbed him 14 times with a knife set his granddaughter had sent him as part of a gift order of Omaha Steaks. He was left lying face down on his bed with eight knives in his back, some of the knives plastic handles melting together in a fire the thieves set in the bedroom.

Later that night, an elderly black woman on Flint’s east side reported to 911 some young males who were at the rear and then the front of her house. She thought they were going to break into her home. After they
left her home, unable to find a good way in because of her armor guard, two of the three were apprehended in her neighborhood near the car which they had stolen from the elderly man. The third suspect was captured at his Mother’s house in the neighborhood of the murders.

The defendants were tried simultaneously, each with his own 14 person jury. My defendant was the youngest of the three, being just 17 years old at the time of the crimes. Each was charged with twenty some
crimes ranging from 1st degree murder, breaking and entering, arson, aiding and abetting, and conspiracy to do all those things to all three victims.

The attorney for my defendant argued he was only 17 at the time, was more or less forced and intimidated to be there by the two older men and did not participate in the killings. Prosecution used the aiding and abetting law which , in effect says, for instance, a getaway driver is as guilty of armed robbery as the man who wielded the gun and committed the robbery.

After a grueling four weeks, all juries convicted the three men on most charges. They await sentencing, but suffice it said all three will spend their remaining lives behind bars, except for unforeseen events.

Therein was my quandary, and the reason for my hesitation in putting these thoughts down for others. when the trial began and I was actually seated on the jury, a sense of excitement and anticipation gripped me. Then a feeling of relief when, after going through almost 200 prospects, the court and attorneys were satisfied with their selections.

Three weeks of testimony from police, various experts, relatives and neighbors of the victims went by slowly, but each made the story more incredible and unfathomable.
One day a parade of prisoners ( jail snitches) from the Genesee County jail in their orange jump suits and belly chains made their way across the witness stand, each with some version of the truth and each with his own reasons for ratting on the defendants, not the least of which was some kind of break from the courts in their own home invasion, robbery or murder cases. None of the defendants took the stand.

Grim reality set in as the case went to the juries. Our young man had convicted himself with the video taped statement he had given to police a couple days after his arrest. Two interrogationists had wrung a sufficiently truthful testimony from him about the crimes. Skillfully and humanely, truth emerged in the third version of his story, convincing the young man the court might look favorably if he was cooperative.

Finally, the only break we could give him was 2nd degree murder instead of 1st degree in the first killings thinking he might not have been aware murders might occur. He should have known what was probably going to happen on the 2nd evening when the man who used to fix bikes for kids in the neighborhood, including my defendant was murdered.. No one thought he had actually killed anyone, but the aiding and abetting charges were impossible to circumvent.

The excitement at the beginning of the trial had disappeared for me by this time. No matter how guilty someone may be, it was not a pleasant thing to put someone’s life in your hands, even if you share that burden with eleven other people. ( Before deliberations, 2 alternates were dismissed form each jury)
That this young man probably didn’t kill anyone made this especially difficult. I personally felt we had done a good, proper and necessary job. Normally, when you finish a job or project, you get a feeling of satisfaction. In this case there will always be an empty feeling, which I may never explain to myself.
Our revenge system of justice is the only one we know, and I am not a vengeful person.

But our system of justice is fair if what I observed is typical.

During jury selection, all the defense and prosecuting attorneys and the Judge conducted themselves with great dignity, each emphasizing repeatedly the need for starting each defendant with a clean slate, it being the prosecutor’s job to prove guilt beyond a reasonable doubt.

Attorneys for the defense vigorously did their very best for their clients, as the system prescribes.

In the end, 12 people came together to decide the fate of these men. 12 people agreed on verdicts, not 7 to 5 or 9 to 3 but unanimously 12 – 0 ! ( did I just borrow something from “Anatomy of a Murder” ?????)

Bittersweet feelings not withstanding, our justice system demands responsible people be willing to serve on juries, I do feel satisfaction at having taken part in what I feel is the most important duty a citizen can perform.

Dashmann