Apr 8, 2015

Juror in Dane Carr lawsuit shed light on why Dane was victorious against Grocery Outlet

This alternate juror is the only one that gave permission to use his comments. I have included my comments in blue to clarify a few things.

Email 1: "I was on this jury as an alternate so did not deliberate.  I thought this was a criminal case brought by the people, prosecuted by a DDA, not a lawsuit as in a civil case. The defense attorney in this above case suggested that Mr. Carr was the one with a case against Grocery Outlet. I was surprised that the DA would pursue a misdemeanor and planned to tie up a jury and a courtroom for what we were told could take nine days, I believe. The victim from Grocery Outlet did not show up to testify and was described as a hothead by a then coworker at Grocery Outlet. The DA investigator was supposed to testify and did not. The police officer for EPD was asked to testify by the DDA and did not show up. The defense attorney, a woman, did a stellar job. Can you please tell me her name. That would be greatly appreciated. "

I responded to this alternate juror and told him the defense attorney was Ms. Meagan O'Connell from the Public Defender's Office. I also explained to him that the case went to trial because Dane did not want to resolve the case and wanted his day in court and that it was not the DA's decision to tie up the court.


Email 2: "There were not five people attacking Mr. Carr, as per Mr. Carr's comments
to you. All of the store employees that surrounded the dispute were trying
to control the out of control store employee who started the dispute which
led to Mr. Carr pulling the knife for self defense. There was in store
video that was played out a couple of times in opening, and during closing
arguments. One of the eyewitnesses that testified that had called 911
called the 15" knife with 10" blade a pocket knife. This entire
prosecution felt like it was motivated by the sales tax collection of
Grocery Outlet for the City of Eureka, as in political. The defendant, Mr.
Carr, did testify and he himself did a stellar job of explaining the
situation. The female owner of the store testified that Mr. Carr tried to
hide the knife outside in the ground, but Mr. Carr explained the knife was
a gift from his grandfather and was precious (from Japan, said to posses a
soul). The defense attorney made all the difference for Mr. Carr. I imagine it
is a tough job being homeless in Eureka. The video in store showed Mr.
Carr looking to buy cheese and bread. There was no testimony as to why the
store employee went ballistic on Mr. Carr. The employee ordered him out of
the store and Mr. Carr left. But Mr. Carr asked to speak to a supervisor,
which is store procedure, which in a hail of swearing loudly, the store
employee refused. Both of the store owners attended parts of the testimony
in court. I never thought I would side with a man pulling a 15" knife, but
he appeared to keep it mostly in a defensive position. He testified that
he is handicapped with afflictions and could easily have been toppled over.
I am writing this from memory as we were ordered to turn in our notebooks.
Thanks for the name of the defense attorney. She was
perfect. Every time she objected, the judge ruled in her favor it seemed.
And this defense attorney objected quickly. The DDA seemed befuddled and

confused and took some time to gain his composure."

Dane and I never talked. There were two other emails from this juror but they were complimentary about my blog and not relevant to the case.  In the second email, there was a couple of sentences not relevant to the case and are not included. This is the opinion of one juror. There have been others on the jury that agree with him. For those of us familiar with Dane, I will say Ms. O'Connell deserves full credit for winning this case for Dane and he was the most well-behaved I have ever seen him to be. There were other cases going on at the same time or I would have covered this trial in entirety. The DDA that prosecuted this case was A.J. Kamada, I believe he was the last DDA hired under former DA Paul Gallegos. 

Previous posts on the case involving Grocery Outlet and Dane Carr:

http://johnchiv.blogspot.com/2015/01/frequent-loco-commenter-and-local.html
http://johnchiv.blogspot.com/2015/02/dane-carr-found-not-guilty-of.html

1 comment:

  1. John,

    Thank you for printing this alternate juror's description of the case. I'm a little confused because I hadn't followed or known of the case -- was it decided back in February, or just now?

    Regardless of your opinion of Dane Carr, twelve jurors found him not guilty in this case in, by your own description in your prior posts, only three hours or so. You can credit the defense attorney all you like, and I have no doubt that Ms. O'Connell did a great job. Still, when twelve jurors find someone not guilty in three hours, in a situation where the charged person is a homeless man carrying a knife, it suggests to me that there must have been some substantial clarity in the facts of the case. Ms. O'Connell presented those facts, while another public defender might not have wanted to be bothered.

    ReplyDelete

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