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NEWS & LETTERS, September-October 2005We find the defendants.....JURIES: CONSCIENCE OF THE COMMUNITY, by Mara Taub, CPR Books, Santa Fe, NM, 177 pages. Here's an extraordinary book by an ordinary citizen who served on the jury of one of the longest criminal trials in the history of New Mexico. From voir dire through verdicts, Mara Taub tells the story of a federal district court drug trial from the inside looking out. The author, a school teacher and community activist of more than 35 years, sat on the jury of United States of America vs Gabriel Rodriguez-Aguirre, et al. At the outset, jurors were told to expect an eight to ten-week trial; the trial actually ran four months and jury deliberations continued for an additional two months. There were 300 witnesses, 4,000 exhibits, nine defendants, 17 counts, and 31 charges against the various defendants. The single charge common to all defendants was that each had engaged in "the unlawful, knowing, and intentional distribution of 100 kilograms of marijuana." If found guilty, the defendants faced prison terms of from ten years to life. A FLAWED PROSECUTION In her well documented and insightful analysis of the government's case, Taub found flaw after flaw. As a sitting juror, she observed that while the prosecutors alleged "vast amounts" of marijuana had been bought and sold by the defendants--10,000 to 12,000 kilos--no marijuana was ever admitted into evidence at trial. The government did introduce photographs of marijuana, but those photographs didn't show any of the defendants or arresting officers. Prosecutors also alleged that one of the defendants buried $1.7 million in his back yard but it was unclear how much money had actually been dug up or who buried it. Because local prosecutors lacked the staff to manually count the cash, the recovered money had been sent to Dallas where there was a money-counting machine. Jurors were shown a video of the machine but there was no way to tell if the money being counted was connected to the Aguirre case. Only two worn $50 bills were introduced at trial as evidence. The jurors were also invited to believe that the two large empty holes in the ground shown in the government's photographs were actually storage vaults used by defendants to store marijuana. None of the horses, more than 200 of them, whose purchase was purported to have been part of the money laundering operation, were trotted into court. As the trial lurched from weeks to months, Taub noted that the deputy marshals in the courtroom behaved as if they were guards to restrain the jury from doing anything wrong; they acted as if the defendants were guilty and deserved any punishment they got. Nor, she wrote, did the judge appear to have any doubt about the guilt of the defendants. Of more than 300 witnesses, those who testified the longest were the informants or "snitches" who cut a deal with the prosecutors. Some had originally been defendants but, with a goal of self-preservation, realigned their allegiances. The defendants, five men and four women, were all Hispanic and related to one southern New Mexico family. Although the defendants supposedly made millions of dollars in their marijuana operation, eight were indigent and qualified for court-appointed lawyers at trial. After four months of trial, the judge read to the jury (as rapidly as possible) the 69 pages of instructions and the case went to the jury. Deliberations began on May 5 and the verdicts were returned on July 12. About half of the jury of 11 women and one man were over 50 years of age: seven Hispanics, two Navajos, and three Anglos. Ten of the 12 were, in some capacity, employed outside the home. All jurors resided in Albuquerque or in the northern part of New Mexico. During deliberations, one juror said that people should be considered guilty until proven innocent. Another woman opined that jurors were suffering stress because of witchcraft that might be coming from Mexico. Two jurors were frightened by the reputations of the defendants. There was also a woman who felt God was displeased by what the defendants had done and she saw to it that the jurors began deliberations every morning with a silent prayer while holding hands around the table. The jurors agreed that the prosecutors' case was lengthy, detailed, and unclear. After two months of deliberations, Taub's jury did not convict any defendants. Three were acquitted while the jury hung on the other six. The judge was furious with the verdicts and said he would have thrown the book at all defendants. When there is a hung jury, the prosecution decides whether to try the defendants again. In the Aguirre case, the government decided to do so and the second trial began with six defendants and a different jury. During the second trial, one defendant became ill and accepted a plea bargain deal. The other five defendants were convicted and sentenced to prison. Taub was present for the sentencing phase, the only juror from either trial to attend. WRONGFUL CONVICTIONS In her book, Taub interweaves her chronology of the Aguirre trial with instructive excerpts from scholarly works, news reports, and appellate court opinions. She presents learned commentary on wrongful convictions, mandatory minimum sentences, jury nullification, reasonable doubt, and the death penalty. Toney Anaya, former Governor and Attorney General of New Mexico, said of Taub's JURIES: "A unique glimpse into the mind of a juror with values she would not compromise who voted her conscience and dared to judge a criminal justice system that discriminates against people of color and the poor. Must reading for potential jurors and anyone truly interested in doing what is right." --Roger Hummel |
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