Perfect Murder, Perfect Town - Lawrence Schiller [239]
“I don’t think the grand jury is nearly the screening device it was designed to be,” said Forrest Lewis of Denver, president of the Colorado Criminal Defense Bar Association. “It’s stacked very much against suspects, and very much in favor of charging people.”
Given the immense amount of media coverage of the case, Ramsey attorneys argue their clients could be unfairly indicted if the case ever goes to a grand jury.
—Clay Evans
Daily Camera, December 7, 1997
In 1991 I received my summons. I had no idea what was expected of a grand juror. All I knew was that this was secretive and I couldn’t talk about what was happening. That was what I thought about. It was so secretive.
We all met at the old Boulder courthouse, just off the Pearl Street Mall. Everyone was naïve when we were interviewed. What did I do for a living? Can I take a day a week off? Sure. I’d have no problem with that. I never thought I’d be appointed. I was, and I didn’t mind doing my civic duty.
L.A. Law had just started, so I watched the show while waiting to be called to duty. That show put me in the mood.
Then I was notified the grand jury was needed. We met in the evening and I wasn’t allowed to tell anyone what I was doing. The whole thing was frightening.
At first the deputy DA gave us an overview of the case. It was a drug case. The lives of some police officers had been endangered. Then the DA presented all the evidence and many witnesses. The witnesses had nobody to protect them; they weren’t allowed an attorney.
We were allowed to question the witnesses ourselves. Sometimes I felt that we should have asked more questions. I was so intimidated. I was afraid to ask the DA some questions. I just didn’t want to come off stupid. If I have any advice for a grand juror, it’s that you should ask a lot more questions.
There were some witnesses who took the Fifth. They’d answer a few questions and then they’d take the Fifth. They took the Fifth again and again. They took it until the DA asked them to leave.
That made me think they were hiding something, even though we were told they had a constitutional right to take the Fifth. Just hearing someone take the Fifth has to have a negative influence on any jury. In my case, it cast doubt on the person that the DA was trying to build a case against. I even thought that maybe the DA called the witness knowing he was going to take the Fifth, that the DA was trying to plant a seed of doubt.
It was strange. I remember considering the evidence, rereading some testimony, some records, considering the testimony of the people who spoke; but the memory of the people staring right at you—taking the Fifth. I could never get away from the image of a person continually saying nothing. The doubt was there. So you go, “OK, do we disregard that person because they never said anything?”
I felt I was only seeing part of a picture. Some jurors kept saying, “Why didn’t they bring up this?” Or, “Why did they bring that up in the first place? Was it because they wanted us to link this guy over here to that one over there?” We had the feeling that games were being played. We were being manipulated.
Someone should have been there to represent the other side, to make sure this tool doesn’t get misused.
That is why we voted unanimously not to indict. On a second case we did indict.
—Anonymous grand juror
On December 14, Boulder’s First United Methodist Church held a memorial service for JonBenét. The program included “A Christmas Message from the Entire Ramsey Family,” which had also been posted on the family’s Web site, which the family’s press representatives maintained. It gave journalists quick access to the Ramseys’ press statements and transcripts of television programs regarding the case, and the various ads and flyers the Ramseys had released.
“On the one hand, we feel like Christmas should be canceled,” the message read. “Where is the joy? Our Christmas is forever tainted with the tragedy of her [JonBenét’s] death. And yet the message rings clear: Had there been no birth of Christ,