WW XXVIII: The Runaway Jury

[Mynx]

Katelyn drummed her fingers on the table as she mulled over the recent happenings that circled this court case - both in the courtroom and out. Case wise, she was bored stiff. Hearing only from the prosecution so far was dull and repetative, reiterating 'deadly' facts about cigarettes that everyone had known for ages anyway. She still couldn't help but feel that this case was an idiotic waste of time.

What was more interesting to Katelyn was the way jury members seemed to be changing as the case went on. If jury members weren't being replaced because of suspicion, then they were coming into the courtroom with a complete change of personality. In such a high profile case as this, Katelyn mused, blackmail and bribary probably wasn't entirely out of the question.

What she couldn't figure out, was the person responsible for the acts...

Of course she, like others, did have her suspicions...

 

OOC: Vote for NightFae

[Ayshela]

Cat sat back with an inaudible sigh, trying not to attract attention as she stretched a bit to ease her aching neck and shoulders. Bad enough to have to sleep in a horrible bed in a cramped room off where she couldn't even stop by to see the kids, but listening to the testimony drone on and on had nearly put her to sleep. This was all slowly becoming insane. They'd done little but repeat the same things that had been known for years, as if everyone was too stupid to have known or understood the risks. No one had even touched on why people ever started smoking to begin with, and how they thought the tobacco companies had been behind that.

 

At least the judge would insist on consideration of "innocent until proven guilty" in deliberations. Though, from the looks the other jurors were giving each other, they weren't likely to get that consideration themselves. Especially from the most cynical among them, she realized, sighing to herself again. Great, just when she thought she'd gotten away from judgement and condemnation. No such luck.

 

OOC: vote for Mynx

[NightFae]

"How much longer until we can go home?" Natasha sighed. Now she knew why her parents hated jury duty so much. It was horrible. Not necessarily because of the people you're stuck with - although she didn't exactly "click" with any of these people - but because it's so terribly boring. And she had better things to do! Better people to see, for that matter! "I still kinda think that this is a pointless case. Although...That one Mr...Uhh...Kregler? Krigler? Yeah...That's it. He did have some...Good...Yeah."Who was she kidding? She wasn't paying too horribly much attention. She was too busy staring at some guy's tie and wondering why on earth he would get something so hideous. Even the thought of it made her shiver.

 

OOC: Vote for Mynx

[Akallabeth]

The plaintiff's last witness had taken the stand the day before, and now the defense was given its turn.

 

The first witness was Martin Jankle, a cigarette company CEO and a former lawyer.

 

Cable started with his questions, and a smiling Jankle very readily answered them. He realized that many people believed that cigarettes were addictive, but researchers weren't all in the same opinion. He didn't believe that they were addictive, and he had smoked for twenty years because he enjoyed smoking, and could quit whenever he wanted to. He'd chosen to go with a low tar cigarette, and smoked twenty a day, while staying in great physical shape.

 

His company made many brands of cigarettes, each with it's own amount of tar and nicotine, some with filters, and some without. He was very proud that his company provided so many choices in their product line. Just like it was a choice to smoke, there were many choices provided for smokers, and many choices of smoking habits were given.

 

Certainly, if their products were abused they could hurt, just like guns, sugar, and alcohol. And with advertising? They made ads for adults, but kids also saw them. It was unavoidable, and just part of advertising.

 

The court broke for lunch, and afterwards the testimony resumed.

 

"What is your company doing to combat underage smoking?" Cable asked him, and Jankle gave an hour's worth of replies, detailing how his company had spent eleven million in the last year to fight underage smoking.

 

After this, he was turned over the Wendell Rohr for cross-examination.

 

Rohr started out with tough questions, attacking a weak point that Jankle, the former lawyer, had insisted on being the base of his defense: abuse.

 

"You're telling me that your cigarettes do not cause sickness and death?"

 

"Only if they are abused."

 

"Are your cigarettes supposed to be lit by a lighter? Is the smoke produced supposed to be sucked through the end opposite of the one that is lit? And is this smoke supposed to enter the mouth? And do most cigarette smokers inhale?"

 

"Yes."

 

"So how is this product abused?"

 

"By smoking too much, say, more than two packs a day."

 

"And what study do you base this on?"

 

"It's my opinion."

 

"And how have you warned the public that smoking more than two packs a day is dangerous?"

 

Jankle did not have a quick reply of a sort that would be acceptable in court, so he thought for a bit, and said, "I think you misunderstand me."

 

Rohr then turned to butter and sugar, two of the substances that Jankle had compared to cigarettes, and pointed out differences between them and cigarettes.

 

Shortly afterwards, he finished with the cross-examination, and court was adjourned for the day.

 

Jankle's pride in his "abuse" line of thought was thoroughly taken from him in a verbal lashing by Cable after they had left the courtroom.

 

-----------------------------

 

The next morning, Katelyn Smythe and Natasha Allan were summoned to the Judge's office.

 

Harkin looked at both of them, and said, "I believe both of you have something to tell me."

 

Katelyn looked at him. "No sir, I have nothing to say."

 

"Very well, you have are in contempt of court, and further charges will be found at your trial. You have been accused of accepting a bribe, and attempting to bribe another juror."

 

She did not reply, and a young deputy took her from the judge's office.

 

"And you, Miss Allen, do you have something to say?"

 

Natasha stood with a bowed head for a couple seconds, and said, "Yes, I do. I have been watching other members of the jury closely over the past days, though all I have seen is that Mr. Thompson is as untainted a juror as any may be. Sir, I realize that I have not been the best juror, but I have not been influenced by anyone other than the witnesses. Please let me remain on the jury."

 

Judge Harkin gravely replied, "You will remain on the jury, but I will remove you if rumor comes to me that you have been spying on your fellow jurors."

 

She was allowed to join the other members of the jury, and Judge Harkin called Rikki Coleman, the second alternate, to take Katelyn's place.

 

The second and last expert for the defense was one Dr. Gunther.

 

He believed that cigarette smoking didn't really cause cancer, as most studies showed only 1 out of 10 smokers getting cancer. He couldn't prove anthing either way, but a motto he repeated throughout his questioning by Cable was, "More research is needed."

 

About midway through the afternoon, Dr. Gunther was handed over to Rohr for a cross examination.

 

Wendall Rohr yelled at Dr. Gunther for an hour and a half, and by the end of that time the only person in the courtroom with calm nerves was Wendall Rohr.

 

The jury returned to the Siesta Inn for the last night, and came to court the next morning.

 

Both Rohr and Cable summed up their cases, and Judge Harkin then handed the decision over to the jury.

 

Filing back into the jury room, they began their deliberation to decide who had won, and who had lost.

 

-------------------------------------------

Mynx / Katelyn Smythe was the wolf, and has been lynched for accepting a bribe to rig the jury.

 

NightFae / Natasha Allan was the seer, and is still on the jury.

 

Remaining Jurors who can vote:

 

Natasha Allan NightFae

John White-Toe Patrick

Catherine "Cat" Barnes Ayshela

Jimmy Thompson srsizzy

 

You are now left with the decision of which side gets the win: the plaintiff or the defense. Of the four of you, three must agree on the verdict. The general variations are:

 

-Jury finds for the defense: No money for the plaintiff

 

-Jury finds for the plaintiff: No money for the plaintiff

 

-Jury finds for the plaintiff: Money for the plaintiff, 2 million for projected loss of income for Celeste Wood due to Jacob Wood's death, no extra damages

 

-Jury finds for the plaintiff: Money for the plaintiff, 2 million for projected loss of income for Celeste Wood due to Jacob Wood's death, extra damages awarded to punish tobacco companies (any amount)

 

-------------------

I'd suggest that you work your way along this like a tree diagram (deciding if you find for the plaintiff or defense, if plaintiff, then does the plaintiff deserve money, etc.)

 

I'll allow five days for this stage, unless the jury decides in a shorter amount of time. The NPCs will follow the majority. Phase ends June 29, 2006 at 5:30 AM GMT.

Edited June 24, 2006 by Akallabeth

[srsizzy]

"Well then," Jimmy said, an odd look of content on his face. "I say the plantiff, unless anyone can convince me otherwise. Personally, I hate cigarettes, I tried to not let that get in the way of my words before, but I feel like I should come right out and say this. I mean, sure, some of you might smoke, and you take responsibility for smoking. But don't you ever want to quit? I'm sure it's hard. To me, cigarettes just exist to make money. I'm fine if people grow their own tobacco, smoke when they please, but these corporate people have a hand in a monopoly, and they use it as much as possible to get money."

 

Jimmy Thompson leaned back in his seat, and was hoping that they'd come to a decision soon so they could get this over with. He was happy the trial was over, and as much as it concerned him, the tobacco companies could be fined a million or more dollars, and he'd be happy. Well...as long as it came from the executive pockets, and not the workers. He thought maybe he knew someone who worked for a tobacco company somewhere.

 

OOC: for the plaintiff (money for plaintiff (extra damages (unknown amount))).

Edited June 24, 2006 by srsizzy

[Patrick]

John had been silent during most of the discussions of the previous day, offering only a short sentence here and there. He had not been able to comprehend how members of the jury could take bribes. John himself was an honest man, interested mostly in justice.

 

And then the time for the verdict came. Neither of the two sides had managed to produce particularly convincing evidence, or at least so it seemed to John, who despite the particularly boring trial, had tried following closely.

 

"I don't think there was enough evidence for us to be able to decide either way," he ventured, speaking his longest sentence in more than a day. "Therefore I vote for us dismissing the case on the lack of evidence."

[NightFae]

Natasha ignores John's statement and turns to Jimmy, a disgusted look in her eye. "EXCUSE ME? HOW does that logic work? This is NOT a case to go for the plaintiff, just because YOU have a problem with the big business."

Natasha turned away from Jimmy, calming herself down just a bit. As untainted a juror as he may be, she still didn't like him. "The tobacco company has done everything it is required to do and it has been known for decades that it's a dangerous habit. And there have also been things to help you quit for a looooooong time." She wasn't sure exactly how long, so she didn't want to be specific, but continued anyway. "And the man could have quit long before it got to where his life was put on the line because of it."She sighed. "I still feel how I did when this started. It's the man's fault, and his alone. The tobacco company did put the product out there for him, but it's his fault for picking it up. And while they are certainly not innocent...I definately say they are not guilty."

 

OOC:for the defense: No money for the plaintiff

[Ayshela]

Cat paced up and down the room, choosing her words with more care than she'd used since the divorce. "I don't smoke, and never have. Many of my friends do, though, and some of their families. I've seen people quit, and I've seen people try to quit. Those who "couldn't quit" have always had one of two fatal weaknesses is their attempts: either they found an added benefit to smoking they didn't meet another way, like that being the only way they got an uninterrupted break at work, or they were convinced they wouldn't be able to. Neither of those factors is the responsibility of the tobacco companies. The image of smoking being good for you, or a part of social gatherings, that's been around for centuries and was accepted before the tobacco companies existed. They used it, but they didn't create it.

 

"It seems to me that the question is, did they do what they were responsible to do to prevent people being harmed by their product? They have warning labels, and have made those labels more explicit and emphatic over the years. They can't be judged for not having labels before they were required to, any more than any other business can be. The existing tobacco companies can't be told that to be responsible they have to go out of business and let someone else take over and fill the market demand. They create a product because there is a market for it. Saying they create the market removes from every one of us our own ability to choose what we will and won't do and says we only do what they tell us to, or make us do. I don't think that's right.

 

"While I don't think they're innocent, I don't think they're legally guilty."

 

 

OOC: vote for defense - not innocent does not necessarily mean guilty

[Akallabeth]

"I have been informed that the jury has reached a verdict," Harkin said loudly into his microphone, and he could see the lawyers shaking. "Please bring in the jury."

 

They filed in with solemn faces, something jurors tend to do no matter what news they bring for whichever side. Both sides sank lower in their seats, and began thinking through plans for an appeal.

 

The clerk took the form detailing the verdict from Mr. Grimes, and gave it to His Honor. He looked at it, and the lawyers stopped breathing. He handed the verdict back to the clerk, and she returned it to Herman, who was standing and ready.

 

"Mr. Foreman, read the verdict."

 

Herman Grimes held the form behind his back as he said the words that had been put on the form.

 

"We, the jury, find for the defense. No compensation of any sort is to be given to the plaintiff, Celeste Wood."

 

At these words, Durwood Cable and his fellow defense lawyers let out a silent sigh of relief, while Wendell Rohr clenched his dentures tightly together, and thought happy thoughts of appeals, and large verdicts.

 

Herman sat down, and Judge Harkin took over.

 

"Now, ladies and gentlemen, I'm going to poll the jury. This means that I will ask each of you individually if this is your verdict.I'll start with Mr. Shine Royce. Please state clearly for the record wether or not you voted for this verdict."

 

"I did."

 

"Mrs. Hulric?"

 

"I did."

 

"Ms. Allan?"

 

"I did," she said proudly.

 

"Mr. White-Toe?"

 

"No sir, Your Honor. I did not believe there was sufficient evidence."

 

"Thank you. Ms. Barnes?"

 

"I voted for this verdict."

 

"Mrs. Coleman?"

 

"I did."

 

"Mr. Easter?"

 

"I did not vote for this verdict."

 

"Thank you. Mr. Fernendez?"

 

"I did vote for this verdict."

 

"Mr. Deere?"

 

Thinking of the stacks of blueprints he was itching to give to his designers, he said, "I did."

 

"Mrs. Dupree?"

 

She said, in a slightly shaky voice, "I did."

 

"Mr. Grimes?"

 

"I did."

 

"And Mr. Thompson?"

 

"I entirely disagree with this verdict. I did not vote for it."

 

"Thank you. The vote appears to be nine to three, in the defense's favor," His Honor said. "Everything appears to be in order. Anything, Mr. Rohr? Mr. Cable?"

 

Both managed to reply, "No sir," although their voices were somewhat incapacitated for different reasons.

 

Harkin then finished with a windy thank-you, intespersed with reminders of civic duty and warnings of what they could and could not talk about involving the case. Together for the last time, they were returned to the Siesta Inn, where they picked up their belongings and departed to their homes.

 

 

(Adapted from John Grisham's Runaway Jury)

 

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I hope that you all enjoyed this game, and feel free to close up your character with a post or several.

 

Thank you all for playing.

 

-Akallabeth