a very bad guy

I spent the week in Pagosa Springs with a very bad guy. Jury trials really are the most interesting part of my job. I haved to make a million little decisions along the way, to make sure both sides get a fair trial, but the ultimaste decision falls to 12 citizens of Archuleta County, carefully chosen through decisions made by attorneys from both sides, each hoping for people receptive to their side of the case. The allegations against the guy are terrible- a 33 year old hispanic woman, possessed of neither privilege nor extensive education, whose husband had just been released from prison was living in a small motel room with him and their 15 year old daughter. Both were out of work and being supported by their church. Desparate for money, she allowed herself to be hired by a stranger to clean his cabin for $100. Once there she claims to have been hit, shoved around and raped at knifepoint. I can only assume he chose who he perceived to be a vulnerable victim who wouldn't report him, because he released her afterword. She did report, and when he was arrested his story was that she had agreed to have sex with him for $100, and was only making up the story of rape because he didn't have the money to pay her. Once in custody his information was put into the national crime computer and oops, he's wanted in two other sexual assault cases in the previous 60 days, one in Ohio and one in Missouri. And oops, he's been in prison for sexual assault before. And oops, the other two pending cases involved the same knife and other actions towards the victims too disgusting to describe, but similar enough to this case to believe it is the same guy. Bad news for the bad guy. Selecting the jury was wild, as it always is. Due to the nature of the allegations, it is obvious that a person who has been the victim of sexual misconduct in their lives should not be seated as a juror, since fairness to both sides of the case would likely be difficult. Thus every potential juror is asked about such isues, and it is always astonishing to me what a high percentage of people, mostly women, have such experiences in their pasts. Jury selection takes place in open court, but if potential jurors indicate they are uncomfortable discussing an issue in front of a group of strangers, we retire to my chambers, with both lawyers, the court reporter, the defendant and myself present to explore the circumstances of the juror in question. Many are still living with their past experiences very vividly, and much kleenex is gone through. Anyway, jury selection took most of two days, and the evidence began on Wednesday. We went through Friday, adjourned for the weekend, and will commence again tomorrow with the hope that a verdict will be reached by Tuesday, the birthday of Mom the Great. The victim testified on Thursday- scared to death to be in the room with the bad guy, nervous, inarticulate at best. I found her to be convincing, but we'll see what 12 jurors think. Through a complicated series of rulings I made, the victim of the Missouri rape was allowed to testify in this trial. A 67 year old grandmother of six, travelling from Wyoming to North Carolina to spend Christmas with the family of one of her sons, she got a room a t a small motel in Booneville, Missouri. A knock at the door and a cean cut young man is telling her he just accidentally hit her car in the parking lot and needs to talk to her. She opened the door, a decision that now haunts her, and in barged the guy telltale knife in hand. Hit her, shoved her, duct taped her hands behind her back, taped over her mouth and took all her cash and raped her, Used a condom- no DNA. Locked her in the unheated bathroom where she shivered all night until she finally ripped the toilet seat off the stool and battered her way through the bathroom door and called the cops. She was a much stronger and more articulate witness than the Pagosa victim. The bad guy says she's wrong about her ID, that someone else did it to her. But oops, records from the casino located 3 miles from the motel show the bad guy had been gambling there the same night as the rape, had presented his Ohio driver's license, was driving the same car he stole from the woman he is alleged to have raped in Ohio, the same car he drove his Pagosa victim to the fateful cabin in. There are many other connecting and explanatory facts and circumstances which time and taste do not permit me to include, but the evidence has satisfied me that the correct guy has been put on trial and I hope the jury can see through his stories. I still have the duty to be sure he gets a fair trial- I wouldn't want a conviction overturned on an appeal. Anyway, stay tuned- the verdict will get blogged this week. On a much lighter note, Snowdown week has arrived. Mom and I are going to the Follies gala show on Wednesday with Henry Philips and his wife Terra (at whose wedding I performed the vows at Blue Lake Ranch two years ago this May). Other than that not much new. I'm practicing not watching football today- it's the week off before the Super Bowl. Go Bears, but who cares. Noah and Cody are away from home practicing their crafts in Ft. Collins and Milwaukee- hope the crowds were large and the performances strong. Elly representing at home, apparently too busy socially last night to speak to us on the phone- hope a great time was had by all. You all make me very glad to be alive- don't forget to take care of yourselves. Elly starts PT tomorrow- just think of it as having a personal trainer! I love you guys- dad