The Jury: Part V — the evidence and your thoughts

13 Oct

Below is the evidence we heard as a jury. Knowing that you lack the advantage of sitting in the courtroom during the trial, unable to see the faces of the witnesses or hear their voices, as well as those of the prosecution attorney, defense attorney and the judge, how would you find?

The charges:*

Charge 1: Felony breaking and entering

Charge 2: Felony larceny

Charge 3: Felony possession of stolen items, specifically, a Sylvania flat screen television

Charge 4: Felony misrepresentation in order to deprive the victim of possessions for personal gain.

*My memory of the wording

The evidence:

1. The victim testified that when she returned home from work, a Sylvania flatscreen television, a wooden jewelry box, and the remote for the television set were gone. The victim gave an investigating sheriff’s deputy the serial number of the television set from the box she still had in possession.

2. The victim testified that she was at her work as a home health care giver, from about 10 a.m. to 3 p.m that day.

3. A video from the interior of the pawn shop showing a women — the defense stipulated it was the defendant — entering the front door of the pawn shop carrying a flatscreen television set.
An unidentifiable man opened the door for her, and then walked out of the field of vision of the camera.

The defendant carried the set to the counter of the shop, and an employee of the shop examined the set, plugged it in to see if it worked, and then went to a computer terminal.

There, the employee took the defendant’s driver’s license and opened a record of her account. After a short period of time, the employee printed out a receipt which he had the defendant sign, and then opened a cash drawer and counted out money that he handed to the defendant.

The defendant then exited the shop and out of the field of vision.

A video time stamp recorded the event beginning at about 1:15 p.m. the day the television was reported stolen.

4. A printout from the online website that receives information from pawn shops around the state. The printout shows the date of sale, the identifying information of the seller (residence, phone number, driver’s license) as well as a description of the item sold along with any serial numbers.

The receipt also recorded the time of the sale.

5. A copy of the signed receipt the defendant signed for the pawn transaction of the television. The address on the receipt was in Granite Falls, a community some 20 miles north of the defendant’s residence at the time of the pawn.

At the bottom of the receipt is a disclaimer that basically informs the seller that any item that is stolen, or any item pawned that does not belong to the seller, or any misinformation given to the pawn shop are grounds for criminal prosecution (this is a paraphrasing of the wording).

The defendant’s signature was on the receipt, and her attorney stipulated it was hers.

Note: should you need clarification in coming to a verdict on any of the charges, ask in the comment box, and I will attempt to answer. Remember, I’m not an attorney nor a judge.

Click here to cast your verdict.

If you are seeing this part of the Jury Duty series without having read the previous parts, you can go to the beginning of the series by clicking here.


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