June 16, 2008

I WAS ROBBED OF MY CIVIC DUTY!


I'm the Victim of a Peremptory Challenge!


Yesterday I reported to jury duty for the first time. When that summons comes in the mail, most people are annoyed at the “inconvenience”, but for me, I was elated. Since my background is in law and true crime writing, I was praying to be selected for a juicy criminal case.

I shuffled into the court room for the “voir dire” process (an old French word for “truth“), in which both the prosecutor and the defendant’s counsel asks each potential juror questions to decide whether or not they want them on the jury.

In this first phase of voir dire, each side is entitled to what is called a peremptory challenge, a complete strategic move, in which either side can excuse a juror without giving a reason.

When I found out the case was a felony trial my interest peaked! When I was told that it was a murder and rape case dating back to 1985, I put on the poker face because my insides were screaming for joy! I thought, this would be my moment to make a difference!

However, I promised myself I would stay impartial during the proceedings, taking in all the facts and circumstances while making my decision of innocence or guilt

Then shady defense attorney approached me. “Ms. Simonsen…what do you do for a living?”

“I’m a former paralegal and now I’m a true crime writer. I also work with missing person’s families.”

“So, do you have anything published in regards to this crime writing?”

“Not yet, but I have two blogs and other outlets where I write. I’m in the process of obtaining my goal of being a professional crime writer.”

“How do you get your information?”

“The internet. Databases. Sometimes talking to victim’s families. It depends on what I’m writing.”

“What do you think of DNA evidence? Do you find it credible?”

“Absolutely.”

I was finished right there. Not only did I have 10+ years in the legal field, but I was “pro-DNA”, and a true crime writer to boot.

After 5 minutes of silence, I heard the judge calling out names. All the women in the front row next to me started to jump out of their chairs. Then I hear, “Michelle Simonsen. Thank you for your service.” I asked the woman next to me, “Does this mean we’re done? Did I get booted?”

My chair was closest to the deputy prosecutor and when I stood up to leave we locked eyes. She gestured with her face a frown screaming disappointment. Let’s face it. I am a prosecutor’s dream juror.

As I left the courthouse I couldn’t get the defendant’s face out of my mind. Almost the entire time I sat across from him, I purposely stared him down. I was playing that childhood game to see who will blink or look away first. My eyes were fixated on him, trying to intimidate him and reveal his weakness without his counsel noticing.

I won the stare down contest. Every time he looked at me and saw my icy stare, his eyes became shifty and then looked away nervously. I saw into the depths of those cold eyes and I saw a monster.

I had no information on the facts, I did not know him, I had no knowledge of this murder; yet, he reeked of evil.

When I got home I immediately jumped on the internet. Ethically speaking, it would have been wrong for me to be a juror. But I won’t lie when I say that I wish I could have been on this jury.

Especially after I read the background of the case.

So now the future of this piece of human garbage hangs in the balance with 12 other people. Thursday can’t come soon enough to find out if these “reasonable” jurors put this monster away forever.


HERE IS THE CASE:

A man serving sentences for rapes in other states has been charged in the 1985 rape and slaying of a pregnant 19-year-old woman in Indianapolis, police said Saturday.


Indianapolis police said DNA evidence links Jimmy Atteberry, who has been on a work-release program in Missouri, to the death of Lisa Lightfoot. Atteberry, 48, who police described as a transient from Indianapolis who also goes by the name of Jerry Darnell, was being held Saturday in St. Louis, Mo. He was awaiting extradition to Indiana, police said.

Lightfoot's body was found on Sept. 22, 1985, on an embankment near railroad tracks just east of a business at 927 Pennsylvania St., police said. She was reported missing a day earlier. Police said evidence collected in the initial investigation was recently checked against a DNA database. The evidence matched Atteberry's DNA, which was in the database, police said.


Lightfoot's brother stated that an investigation showed his sister was attacked by someone as she returned to her car from a convenience store. She was raped, stabbed in the chest and stomach, and beaten. An autopsy showed that Lisa Lightfoot was pregnant when she was killed, according to police.

Police considered Atteberry a person of interest in the initial investigation of Lisa Lightfoot's death. He had lived in the same apartment complex as Lightfoot, police said.

At the time that police learned that DNA evidence linked Atteberry to the 1985 slaying, he was on a work-release program in connection with rapes in Illinois and Missouri, police said.


Victim's Family Relieved By Arrest

Lisa Lightfoot's brother said he was pleased when police told him about Atteberry's arrest in the case."That's all I needed to hear," Joel Lightfoot said. His father died a few years ago, but his mother is alive. He said that when he told her about Atteberry's arrest, she cried with relief.

Joel Lightfoot said he was the first to find his sister's body in September 1985. He and his parents were searching near a bridge after her driver's license was found underneath it. He said he found a trail of papers that had come from her purse along some railroad tracks that went under the bridge." All the papers stopped, and then at that point I started looking around. I (saw) an automobile down the side of the railroad embankment, went down there, and there she lay," Joel Lightfoot said.


http://www.theindychannel.com/news/13822445/detail.html?rss=ind&psp=news#



8 comments:

Anonymous said...

And are there people out there that DON'T believe in DNA evidence? Keep us posted, sounds like this should be a an easy case but we both know that there is no such thing. Sorry you didn't get on the jury. I have only been on a jury once and it wasn't anything this exciting but I loved it! LOL

Winding Creek Cottage said...

Our system is not perfect or all jurors would believe in DNA and a strong sense of justice...but then again, if that were true, the courts could put in an express lane for some things...sorry you didnt get on the jury, but I have faith that right will prevail and her family will have justice for her.
And to her family, I would say....please don't let yourself get so caught up in her death, that you ever lose sight of her life....for that is the most important thing to hold onto.

Michelle Says So 2.0 said...

GOOD NEWS! He was found guilty in 90 minutes! Read the details:

http://www.nowpublic.com/culture/update-jury-convicts-jimmy-atteberry-90-minutes

Anonymous said...

Wow...I knew Lisa in High School but had no idea that she had been murdered. I was reading the Indianapolis Star today and when I read this article I felt my stomach sink. Even though this happened so long ago it is new news to me. It seems too fresh. I am glad that they are putting her killer away at last. I feel sad and angry (at him) at the same time. - Ron Kellems, Indianapolis

Michelle Says So 2.0 said...

I am in contact with Lisa's brother, Joel. I plan on doing a big article on Lisa (NOT THE KILLER) soon. Too much attention is on Atteberry and NOT Lisa. More from me soon...I will have all the files from the trial, the detectives, interviews from the family, friends, etc. Lisa has not died in vain. RIP.

Anonymous said...

Ok. I'll be creative.

I commend you for planning to write about the victim instead of the perpetrator, but it won't change anything. What everyone should be looking at is the environmental conditions of the perp's first 15-20 years of life. This is not a defense of his actions. My back ground is in manufacturing. If you want to stop manufacturing dangerous junk, you have to look at the process that created the junk and change it.

Bad parents and schools that cater to peer cruelty are common sources of dangerous junk.

Anonymous said...

And you say you're impartial???? You are part of the reason our justice system is imperfect. You sound like you're pegging him for a rapist and murderer already. Whatever happened to innocent until proven guilty?? I'd like to hear more about who else might have committed the crime....

Michelle Says So 2.0 said...

If you would have taken the time to READ, you would have noticed I wrote, "...I promised myself I would stay impartial during the proceedings, taking in all the facts and circumstances while making my decision of innocence or guilt."

DUH... Think before you write.