First Bailiff: “Are you drunk?”
Potential Juror: “No. I’m Ashley.” She held out a very shaky
hand to the Bailiff, but he rebuffed the salutation. Ms Ashley’s mother stood
next to her with a support hand at the back center of her daughter’s waist. She
would have been voted as the best dressed juror in comparison to the other
candidates. She wore a beautiful blue knit dress with a leather belt in the
same color blue. Her hair looked as though she had just come from the beauty
salon. Her makeup was flawlessly applied yet subtle. She could have been a politician’s
wife on the campaign trail. But the swaying and shaking of her body told a tell
that the togetherness of her exterior did not match her interior.
Second Bailiff: “What’s in your drinking glass, Ms. Ashley?”
Ms Ashley: “It’s OK. It’s just water.”
Second Bailiff: “You won’t be able to take that glass into
the courtroom.”
Ms Ashley: “It’s OK. It’s just water.”
Ms Ashley walked away (with the aide of her mother)
tottering on her high heels.
First Bailiff to Second Bailiff: “We’ll have to do a breathalyzer
on her. She’s smelly of the stuff.”
Second Bailiff to First Bailiff: “I agree. Let’s get a
female officer down here.”
About ten minutes later, a female officer arrived and there
was a conversation about what would happen if the results were over the legal
limit. She would be arrested. They spoke quietly, but the small lobby made it
impossible to carry on a private conversation.
Riley looked up at me and said, “So what if she’s been
drinking. It doesn’t mean she wouldn’t be a good juror.” I proceeded to explain
to him that jurors in to be in a clear state of mind so that they would
understand the facts of the case presented. “It’s not illegal to drink,” he
said. “So she’s had a few. It’s OK.” I didn’t respond.
Now that the posse had been assembled and measures / counter-measures
were in place, the First Bailiff went outside to find Ms Ashley. She was not
there, but her mother was. Her mother explained that she only had that odor
because she had been drinking constantly over the past three weeks. But, she
had not been drinking that morning and therefore she was not drunk. The First
Bailiff explained that she could not be allowed into the courtroom if she was
above the legal limit on the test.
Ms Ashley appeared from the ladies room and said she had no
idea why they would want to do a breathalyzer on her. Her comment was directed
to an innocent, handsome, male by-stander. “Are you kidding me??? You reek of a
distillery!” He exclaimed and then walked away from her. She muttered “Asshole”
under her breath, but everyone in the lobby could still hear her.
The posse came over to her and said they needed to take the
test. Ms Ashley informed them that she did not want to take the test, but would
speak to her attorney who just happened to be in court that day. The lawyer
came from around the corner where Ms Ashley stopped him and told him she did
not want to take the test. The lawyer shared a few words with the bailiffs. It
took less than five minutes for the lawyer to turn right back around and tell
Ms Ashley to wait an hour or so and then take the test. She left to go outside
to have a cigarette.
It was about 30 minutes later when the lawyer came up to the
bailiffs and asked if they had gone ahead and taken her into custody. They told
him no. He said he could not find Ms Ashley or her mother anywhere on the
grounds. Someone in the background said – “She said she was leaving. She said
she wasn’t going to stick around for this bull shit, got in her car and drove off.
She wouldn’t let her mother drive. They were arguing.” The bailiff’s thakedn
the informant and then notified the police of a potential drunk driver by the
name of Ashley etc., etc.
I don’t know what happened to the woman and her mother. Shortly
after all the drama, we were informed that we could all go home. Well, it was
an entertaining morning anyway.
I wonder how many people show up for court appearances while
they are still in the midst of foggy-mindedness. I bet it is more than I had
ever anticipated. The thought of being a defendant with the question of my
freedom on the line – and having my fate determined by someone who obviously is
not of sound mind – is more than irritating, it’s downright frightful.
Should all jurors be given a breathalyzer before entering
the courtroom? It seems logical to me. On the other hand, it could be construed
as a violation of a person’s civil rights. After all, an occasional drink in the morning
doesn’t make you an alcoholic. Or does it?
For me, it’s not so much about determining if a person is an
alcoholic. It’s more about having the good sense NOT to drink when you know you
will be in a situation of having power over another person’s life. If I were on
trial, I would prefer all my jurors be blessed with sound judgment and sober
minds.
