Jurror gets 4 months in jail cuz he didnt understand a question

Jurror gets 4 months in jail cuz he didnt understand a question

Stacey Forbes went to the Broward County Courthouse for jury duty. He left in handcuffs, headed straight to jail.

That was three weeks ago. Forbes, 19, now sits in a cell serving a four-month sentence for criminal contempt. His crime: failing to disclose during jury questioning in a drug case that he has been arrested and that his father had a prior arrest.

A juror being jailed for contempt is rare, but local attorneys as well as legal experts say Circuit Court Judge Eileen O'Connor's decision to lock one up for months is something they've never encountered. O'Connor ruled that Forbes had knowingly lied under oath about his arrests, including one that occurred less than two weeks before he reported for jury duty March 22.

A prosecutor's hunch led to the discovery of Forbes' arrests before he was sworn in as a juror. But Forbes, a high school dropout, said he didn't intentionally mislead the court about his background. He said he had problems reading a written jury questionnaire. He said he became confused because while he has been arrested, he has never been convicted of a crime. Forbes has been arrested twice in the past year, but prosecutors have dropped both cases.

Forbes' attorney, Bill Gelin, filed an emergency motion Wednesday for Forbes to be freed on an appellate bond. Forbes' appeal revolves around not having an attorney present when O'Connor sentenced him to jail.

New York Law School professor Randolph Jonakait, author of the 2003 book The American Jury System, said he has never heard of a potential juror receiving such a sentence and called the case "highly unusual." Other experts echoed his sentiments.

"I have personally never heard of a sentence that long, particularly when there was no harm in lost trial time or an overturned conviction," said Paula Hannaford, principal court research consultant with the National Center for State Courts.

O'Connor, who is on vacation until next week, could not be reached for comment. Forbes said he had no motive to lie to be placed on the jury. He didn't even want to be a juror once he heard it was the case of a man arrested on drug charges, he said.

Records show Forbes was arrested in October in relation to three car break-ins in Pembroke Pines, but prosecutors declined to file charges. Pembroke Pines police arrested him again March 10 on a felony marijuana possession charge, and he posted a $1,000 bond. Prosecutors filed paperwork on April 5, two weeks into Forbes' contempt sentence, that they would not pursue charges in the marijuana case.

Early in jury selection, O'Connor asked prospective jurors whether anyone had pending criminal charges against them, according to court transcripts. Forbes failed to raise his hand.

Each juror then had to answer out loud a series of questions written on a form. One of those questions was: "Have you or any member of your family ever been arrested?"

"I've never been on a jury before," he said, according to court transcripts. "And have you ever been a member -- anyone in your family been arrested, no."

Broward Circuit Court Chief Judge Dale Ross said Wednesday that someone charged with direct criminal contempt isn't entitled to an attorney or jury trial unless facing more than six months in jail.

Before Forbes' sentencing, O'Connor gave him a chance to explain what happened. He said he had problems reading.

"I really, really honestly am sorry for bringing this type of behavior to your courtroom, this disrespect," he said.

O'Connor responded: "It just amazes me that somebody would come into this courtroom for jury service and lie under oath, and then when given every opportunity to make it right, didn't."

wow isn't that a bitch?

well I have watched my dad in the courtroom before and they are very straightforward with Juror questioning. the question "Have YOU or any member of your family ever been arrested?" cant be much more straightforward. Its unfortunate what happened to him, but its his fault.

very true...

They shouldn't have arrested him, especially not for 4 months... maybe a fine... and definitely kicked of the jury... but 4 months in jail? Maybe the guy really didn't understand the meaning of the question (some people aren't that smart)...

well if he got to be a jurror he got far enough he should have understood what went down but... there are no absolutes

remember matt, theres very likely more to story (I.E. he did or said something in court) That made the judge give him that sentence.

he didnt have to do anything to be a juror. people are randomly selected for jury duty, then the lawyers start the selection process to strike the people they dont want. (I.E. you dont want to be prosecuting a drug dealer and have a guy on the jury who goes "I know that guy, ive bought drugs from him before.") I saw that happen at a trial once. I could get a letter tomorrow ordering me to appear for jury duty.

suuuure he didn't understand the question

Well, no harm no foul?

Sure, it was pretty hard to misunderstand that question, but that's 1/3 of an entire year. I say put him away for a few weeks at most, fine him and give him probation (maybe he'll stop getting arrested too).

^^ True, but in this case I don't think the sentence is proportional to the crime.

Let me put it this way: how will 4 months in jail help him as a person? If you gave him probation, he might be more likely to stay out of trouble (something that is obviously a problem for him).