
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, October 14, 1995                   TAG: 9510170001
SECTION: EDITORIAL                    PAGE: A-7   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Medium

THE JURY DISREGARDED ITS DUTY

WHILE I have the greatest respect for William Raspberry, I strongly disagree with his Oct. 9 commentary,``The O.J. jury did its job properly.'' Regardless of whether the prosecution proved the case against Simpson beyond a reasonable doubt, the jurors were required by law, as well as by any minimal standard of human decency, to review and discuss evidence presented by both sides before reaching a verdict. Obviously, they didn't - couldn't - do their duty properly in three hours' time.

Because the trial was televised nationwide, the shocking lack of any credible deliberative process by the jury created the public perception, rightly or wrongly, that the jurors had an agenda totally apart from deciding the defendant's guilt. It's hard for anyone - be they black or white, male or female - to have faith in a jury that decides a complex murder case, involving highly sophisticated DNA testing, without first scrutinizing all the evidence. Neither the public nor justice is fairly served by a jury that doesn't engage in meaningful deliberation after all the evidence is in, all the judge's instructions are given and all the counsels' arguments are made.

Raspberry is right to focus on whether this jury did its job properly and not on whether its verdict was right or wrong. But the simple truth is that a jury that disregards the judge's instructions on the law cannot convincingly defend the integrity of its verdict when the trial ends. This jury failed because its rush to judgment destroyed even the perception of justice. Here, the perception would have done much to soften the reality.

HENRY TUCKER CARMICHAEL

LEXINGTON

Class divisions discourage justice

I WAS SURPRISED by the profound sadness I felt following the Simpson verdict. Since testimony last spring, which seemed to accept hearsay evidence from a barking dog (and don't get me wrong, I found the alleged canine witness more compelling and reliable than many subsequent witnesses), I tried to avoid the discussion. It wasn't possible.

And now the root of my sorrow lies in the realization that our democracy will not and cannot have justice while we continue to engage in class systems.

I understand the cheering that I witnessed. Some sense of balance has been regained in a system that clearly doesn't always provide justice to all people. People who don't trust police must surely feel vindicated when police misconduct is revealed and that knowledge makes a difference.

While justice may not have been served for two little children who lost their mother and possibly their father, a sense of social justice seems to have been achieved. Ron Goldman and Nicole Brown Simpson were just the latest sacrifices.

For that sacrifice, we all have some responsibility. Whenever we allow some people(s) to have more worth than others, we support a class system that discourages justice.

I'm at a point in my life where I no longer have to deal with Neanderthal jokes about women, blacks or homosexuals. But nearly every day, I'm in contact with people who believe they know what's best for others.

Sometimes I fall into that trap myself. This superiority undermines the value of the democratic process and supports injustice in our society. It's something we can change - each of us can make a difference. Then justice may be possible.

ALICE McCAFFREY

ROANOKE

Joey Showalter has experience

REGARDING the Montgomery County commonwealth's attorney race and several articles that have appeared recently:

It's important to remember that the commonwealth's attorney represents the state, and in doing so, seeks justice for the victims of crime. Too often victims are overlooked, and that's why we need a strong commonwealth's attorney.

The incumbent seems to feel that justice is best achieved through plea bargaining rather than an actual trial. I understand that at times this is necessary, but it has become too prevalent. Did you know that not one single drug case has gone to trial in the past two years? What kind of message is this sending?

Our commonwealth's attorney also needs to be able to manage his or her own office. Unfortunately, the incumbent doesn't seem to feel this is important. On the opening day of term in July, police officers were kept waiting for up to 10 hours because indictments weren't prepared. When things are done in a rushed manner, mistakes are made and criminals go free.

Montgomery County is ready for a change, and Joey Showalter is just the person to provide that change. He has years of litigation experience and has gained management experience as managing partner at Stone, Harrison, Turk and Showalter.

The people of Montgomery County deserve to have a commonwealth's attorney who is capable of representing them.

MARY ELGIN

ELLISTON

by CNB