A Freudian Slip

Frederick_Douglass_c1860s

It’s fitting, in some way, that the trial I served as a juror for ended on Tax Day. I realize that taxes aren’t due until the 18th of April this year, but everyone knows April 15 is the day that we’re supposed to settle up with the IRS by filing our tax returns. Money changes hands on that day, generally in the form of a tax refund that people use for whatever they need some extra money for.

That didn’t happen for me this year. Instead of a healthy refund, I owed something to Uncle Sam, and not a trivial amount, either. But I paid that amount because, well, that’s just what you do. It keeps the National parks open, and pays for social programs and military defense and all the other places our tax dollars go to. Living in America is a privilege that I can’t fully appreciate because I haven’t lived anyplace else. But that privilege comes with a price, and the IRS is there to extract part of it from us all, whether we want to pay it or not.

Another price of citizenship in this country is jury service. In my many years of living, I had never served on a jury, of any kind, until this past week. The right to a trial by jury is an enormous gift, and that entails giving up your time when called by the courts to do so.

The trial I served as a juror on wrapped up yesterday, and I made a point to ask the judge if I was allowed to write about the case online. Writing is a form of free, self-induced therapy for me, and I needed to put a few things out into cyberspace, before the experience fades away into memory. I expect jury service to be a once-in-a-lifetime experience, and after this trial, I very much hope that’s the case.

Part of me wants to get into the specific facts of the case, but that’s not really going to help anything. Painting in broad strokes about what happened is probably good enough, at least for my purposes. I could write a long treatise about the case I was charged with deciding, but the end result wouldn’t change, not even the tiniest bit.

The case had to do with a fraud, pure and simple. The federal government rooted out the defendant’s misdeeds, which were filing tax returns in the name of people who had no idea they were having returns filed on their behalf. Their names and social security numbers, and access to online tax filing software, are apparently all it took to set these wheels into motion.

So prisoner A (We learned his real name and saw him testify in court, but his first name began with A so I’ll call him that here) is doing time. I learned what it was for, but it really didn’t matter that much. He’s serving time, and not receiving any Social Security benefits from the government. But a tax return was sent to the IRS, indicating that not only was he receiving these benefits, but he had a portion of those benefits withheld by the IRS, and he wanted the withheld portion back. It’s a classic case of turning nothing (as in the Social security benefits which were never paid in the first place) into something (as in a few hundred dollars that wound up in the tax preparer’s pocket.

This happened for hundreds of prisoners, and the IRS paid off like a slot machine by depositing the money in waves. There were hundreds of prisoners, and thousands upon thousands of dollars being shoveled out for this scam. The legal term is “scheme,” which sounds a hair more respectable than a “scam,” but this was the scammiest thing I’ve ever seen in my life. And it makes a mockery out of those who pay taxes and wouldn’t think to  run a fraud like this.

At the close of the trial, on Thursday afternoon, the jury received instructions from the judge about what the relevant law is. We were told to follow those instructions, whether we agreed with them or not. One juror failed to do so, and that vote was enough to result in a hung jury. Our romantic notions of “Twelve Angry Men” and the noble juror who spares a defendant from being wrongly convicted by standing up to, and ultimately persuading, his fellow jurors didn’t apply in this case. Life didn’t imitate art, at least not in this instance.

But the two sides had to give closing arguments before we could begin deliberating, and the otherwise masterful defense attorney nearly gave away the game with one small, practically imperceptible slip. I may have been the only one that noticed it, but it was very telling. It didn’t make a difference, in the end, but I wanted to preserve it here, anyway.

A Freudian slip, also called a parapraxis, is when someone gives away their inner feelings by accident. As the defense attorney was summing up the defects in the government’s case–since they have the burden of proof, his job was to point out the ways they haven’t done so, regardless of whether any such defects actually existed–he said “They have fooled–failed–to show….”

The “fooling” that the defense attorney referred to, in his moment of unintended candor, wasn’t the government’s doing, but his own. He was there to fool the jury into believing that his client had been wrongly accused of defrauding the government–and by extension the taxpayers on the jury and all over the United States–out of withholding proceeds from prisoners who had not receive any Social Security benefits while they were behind bars. All he had to do was fool one juror, and the week’s worth of trial would have gone for naught. And that’s exactly how it played out, too.

I put a picture of Frederick Douglass in this post, because the holdout juror bears a strong resemblance to him. I even thought of him as Fred, though his real name was something else. Frederick Douglass became friends with Abraham Lincoln, and their unlikely rise from the circumstances they were each born into has always inspired me. I will always admire Frederick Douglass, but I’ll probably see pictures of him now and think about the juror who wouldn’t agree with the rest of us on the jury. Life takes some strange twists sometimes.

On my way home from the courthouse, after the verdict had been read and my fellow jurors and I were excused with the thanks of the court, I took a train to a bus in order to get home. The transfer point from train to bus led me to a statue of Abraham Lincoln, which I’ve written about before in this space. I looked up at Lincoln, who is depicted not as the bearded president we all know, but as a clean-shaven Illinois attorney, which he was for many years before he was elected president.

As I looked up at Lincoln’s representation, I tried putting my frustrations with the case into some type of order. And I realized that our legal system, for all of its imperfections, is still something to be proud of. The defendant wasn’t set free by my jury, and he still has to face the prospect of perhaps another trial in the weeks and months ahead. We as jury did what we had been charged with doing. I didn’t like the final result, but it was far from the first time where something I was involved with didn’t end up the way I wanted it to. Those are the breaks, whether in the courthouse or anyplace else in life.

The Lincoln statute reminded me that our legal system is worth preserving and supporting, even if it isn’t perfect. It won’t ever be perfect, but it will always seek to do justice. The truth is  that I’d rather live in such a place than anywhere else.

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