As attorneys in the Brothers case poked and prodded potential jurors for
biases against "the system" one name returned again and again - O.J.
Simpson.
The foot-ball star, turned movie star, turned accused murderer was tried and
acquitted for the murder of his ex-wife and companion more than a decade
ago.
But the case still leaves a bad taste in the mouths of many potential
jurors.
Given a lengthy questionnaire, some of the jurors said they at times lacked
confidence in the courts. When asked why, they gave a short answer - O.J.
Simpson. And the attorneys did little follow up on this, as if the name
alone is enough to convey their worries that intense media scrutiny spoiled
the case.
If the media attention in the Simpson case were the plague, the media
attention Brothers has received would be a sneeze. After the initial rush of
nationwide attention, Brothers has barely registered a blip outside of Kern
County.
But the defense worried that the hundreds of local articles, and television
and radio newscasts would turn the most important group of people, Kern
County residents, who would sit on Brothers jury, against Brothers.
They even hired a consultant, who researched the effect, and testified that
indeed the jury pool was contaminated.
But Kern County Superior Court Judge Michael Bush said the trial would be
held in Kern County.
Bush added several questions about media coverage to the questionnaires to
remedy this problem.
People from the other side of the Tehachapi mountains such as Ridgecrest
usually never heard about the case.
Many people from Bakersfield knew the name, but few facts.
A few read a lot about the case, thought Brothers is guilty and were
promptly excused from the trial.
In the end, Bush had a much harder time finding people who could afford to
sit on the jury for three months.

Who can afford to sit on a jury for three months?
Kern County is a working-class community. And like most working-class
people, many Kern County residents called to sit on the Brothers trial said
they would lose their house and car if they didn't receive a paycheck for
three months and they were excused from the case.
Which begs the question, who can afford to sit on a jury for three months?
Are there employers out there who pay for unlimited jury service?
You bet there are.
The city, county, state and federal governments.
That means teachers and correctional officers and the like were in something
of the majority in the pool of potential jurors for the Brothers case.
Many teachers pleaded with the judge to let them go because they would
basically miss an entire semester of school, but the judge said that because
they are paid, they have to serve.
Some of the correctional officers said they couldn't afford to sit because
although they would be paid for their regular pay, they would not be
reimbursed for overtime. Which apparently makes up a hefty portion of their
salary. They were excused.
And let's not forget our retirees.
They get the same pay if they are at home playing Canasta or if they're
spending their golden years in court.
Many private employers would pay 5, maybe 10, maybe 20 days. But unlimited
pay for jury duty seemed to be the norm mainly in government jobs.
(Note - The Bakersfield Californian pays 15 days of jury duty)
 
Posted by Jessica Logan and Steve E. Swenson