We the People...

You want to know what makes this country beautiful? What makes it the best place on earth to live? Simple. We do. The people of this country do. Our constitution and the laws set forth under its guidance do. We are governed by an entity of the people, for the people, by the people and as such, we enjoy freedoms a lot of other countries are denied. We are not perfect and I am sure we are not always right. But we do the best we can, in most cases, to ensure that the majority of those affected by our decisions achieve maximum benefits. This quite often sets the stage where the hard right must be chosen over the easy wrong. Sometimes hard decisions must be made and implemented simply because they are the right things to do. It is usually up to some level of our judicial system to carry this decision-making policy out. And then, often as not, by a jury of our peers.

I have been given the honor of being called upon this month to serve on jury duty here in my community. I am one of the cogs in the great wheel that runs the machine that moves our nation along its path into the future. Last month maybe it was someone you know, next month it may be you. But for this month, in this small Kentucky town, it is I.

I never really gave jury duty much thought until I was called upon to perform it myself. What an awesome power we are entrusted with. We have at our fingertips, the power and authority to alter lives forever. The impact of our decisions today can quite possibly mend lives or see to their destruction. It is the power of a loaded gun and it requires a tremendous amount of responsibility to wield it. It is not a task to be taken lightly or carelessly. Once the gun is fired, the bullet cannot be taken back.

Among our most sacred rights as citizens of this nation are life, liberty and the pursuit of happiness. We have given ourselves these rights, in our constitution, and hold them in highest regard. We have the right to feel secure in our person and possessions. There are times though, when due to circumstance, citizens are relieved of these rights for the benefit of themselves as well as others. It is never easy but needs to be done by a necessity born of compassion. It needs to be done because it is the right thing to do.


* * * * *

"All rise," the Bailiff orders.

"This court is now in session, the Honorable John T. Spencer presiding".

Amid the rustle of robes, as he takes his seat, the Judge tells all to be seated.He is a young man, maybe in his early forties, with stylish wire-rimmed glasses and a ready smile. His dark hair and well-trimmed beard are just starting to show the first touches of gray. He addresses the court with a clear articulate voice.

"Comes the matter of the Commonwealth versus Emma Minyard before this court today. This is a case to determine if Mrs. Minyard is capable of and able to make decisions for herself concerning her welfare or that she needs to have a Guardian appointed to her to look after her best interests."

"This court has previously ordered that her daughter act as her temporary guardian, until such time as her case could be investigated by the Commonwealth and presented before the court. Is the Commonwealth ready to proceed on this matter?"

A plain young woman in an olive drab suit stands from behind her table in front of the bar and answers, "We are, your Honor."

"Good," the Judge says, and then asks, "Is counsel for Mrs. Minyard present and ready to move forward with this case?"

"We are, your Honor," says the man behind the other table as he rises in his dark blue suit, his silver hair closely cropped above his tanned features.

"Very well, then," closes the Judge.

"Ladies and gentlemen of the jury pool," the Judge begins, as he addresses the gallery, "We have a case here before us today that is required by Statutes to be tried by jury. If your name is called please come forward in the court and the Bailiff will seat you."

One by one the names are called by the Secretary of the court from her place beside the Judge’s bench. When all twelve seats are full, the Judge opens the floor to both sets of attorneys allowing them to eliminate any Juror that they may deem inappropriate to hear the case. The Judge introduces all pertinent lawyers, witnesses and family members of the Respondent. Questions are asked and answered and ultimately no eliminations are made.

"The level at which this case is to be heard only requires six Jurors, so if the Secretary will pick those six by lottery, we can begin," the Judge informs the court.

The six names are called and the remaining six move back to the gallery with the rest of the jury pool. The Judge thanks them for their time and service and dismisses them for the day, before returning to the business at hand.

"The Commonwealth appointed a team of three professionals to this case," the Judge explains, "to determine the mental capacity and capabilities of Mrs. Minyard and to report their findings to this court upon completion. The separate and comprehensive findings of these individuals and the office of the Commonwealth have been reported to the court and you will be given the opportunity to review their findings while in the jury room. These reports are hereby ordered into evidence in these proceedings."

" The team appointed to conduct these investigations were a medical doctor, a psychologist and a social worker. As their individual findings concur with one another and stand as a corroboration of each other, only one of them is required by Statute to testify as to their findings at these proceedings."

Looking at the attorney for the state the Judge asks, "Is the Commonwealth ready to call their first witness?"

"Yes, your Honor… the Commonwealth calls Susan Bernson to the stand," the blond woman in the green suit declares.

An attractive brunette woman of about 35 years of age stands from behind the Commonwealths table and moves to the witness stand. Once seated, the Judge swears her in under oath and tells the Commonwealth to proceed with their examination of this witness.

The blond woman asks her to state her name and occupation for the record.

"Susan Bernson. I work for the Commonwealth’s Office for Abused and Neglected Senior Citizens" she replies.

"In what capacity, Ms. Bernson?"

"I investigate reports of abuse and neglect primarily, but I also do field evaluations when a request is made for involuntary appointment of a guardian. I was assigned to this case in that capacity."

"And in your capacity as examiner, did you go to Pleasant Ridge Manor and examine Mrs. Emma Minyard on December 26, 2005, Ms. Bernson?"
"Yes. I did"

"Please tell the court about the examination and what conclusions you reached concerning the mental capacity of Mrs. Minyard. Take your time and state it in your words, Ms. Bernson."

"I arrived at the nursing home about mid-morning, requested the chart for Mrs. Minyard, reviewed it and then asked to be taken to her. I found Mrs. Minyard to be a 77-year-old woman in a frail condition. She is not very large in stature. She requires assistance in everything she does to include eating, going to the bathroom and even walking. She was awake and cognizant but confused about her surroundings. When I asked her how she came to be here, she said she fell and this is where they brought her. She could not relate any of the specifics about the fall, only that she fell. When asked where she lived, she said here, indicating the nursing home. She said she had always lived here with her husband and her son, Tim. I looked again at the chart and noted that she did in fact have only one child, but that it was a daughter."

A soft sob is heard across the silence of the court room, as the woman the Judge had pointed out as being the daughter of the Respondent wipes her eyes with a tissue and holds her glasses in her other hand. Her husband leans close to her and can be seen to mouthing the words, "It’s gonna be OK, it will all be over soon, hon." His hand gently strokes her shoulders.

On the other side of the husband sits the elderly Mr. Minyard. His stooped shoulders give the appearance of leaning forward a bit, as he stares stoically ahead, not really looking at anything but perhaps remembering some past time. His tired, dark eyes bulge slightly from his gaunt, weathered face as his hands clutch his knees.

Ms. Bernson continues after a brief pause, her own eyes batting back tears for the other woman. What a burden of pain she must feel at not being recognized by her own mother.

"I handed Mrs. Minyard a hundred dollars in play money and asked her how much I had given her and she answered sixty. I asked her when her birthday was and she said January but couldn’t tell me the day or year. I asked her what today’s date was and she couldn’t say. When asked if she had eaten breakfast today, she said yes but couldn’t recall what it was. As a conclusion, I believe that Mrs. Minyard suffers from dementia and is not capable of making decisions on her own concerning her welfare or finances."

"Thank you, Ms. Bernson, the Commonwealth has no further questions of this witness, your Honor."

"Counsel for the Respondent has no questions for this witness, your Honor."

"Thank you, Ms. Bernson, you may step down now," the Judge says. "The Commonwealth may call their next witness."

The brunette leaves the witness stand and takes her seat back at the table of the Commonwealth’s attorney. The blond rises and addresses the bench; "The Commonwealth has no more witnesses, your Honor."

"Very well," says the Judge. "Does counsel for the Respondent wish to call witnesses?"

"Yes, your Honor," says the tall, grayed haired attorney. "I would like to call Mrs. Betty Clark to the stand."

The woman the Judge had indicated as the daughter of the Respondent slowly gets to her feet and carefully places her purse on the bench beside her husband and begins making her way to the witness stand…


* * * * *


She passes in front of the jury box, her eyes never leaving the floor as she cautiously moves forward. Her conservative cotton dress is half hidden by the cream colored sweater she has on. Her form is frail and her features seem small as she shuffles along and ascends to the witness stand. Adjusting her dress, she seats herself and faces the Judge. He swears her in and her reply cannot be heard as it faintly passes her lips.

The judge smiles at her and advises, "Mrs. Clark, I know you are soft spoken but you need to speak up now, if you can, so the Recorder can hear you and we don’t have to repeat your answers, OK?"

She returns his smile and nods gently and turns to face the table with the tall, gray-haired attorney behind it. She sits waiting for the first question with her hands folded in her lap; one of them still clutching a tissue. Her drawn face is void of most of its color and her mouth is forcing a smile that her weary eyes do not support. She looks so much older than her 58 years.

The gray-haired attorney asks her to state her name and relationship to the Respondent.

"Betty Clark. Emma Minyard is my mother," she says still softly but load enough to be heard.

"Mrs. Clark, you have heard the testimony of the Commonwealth’s witness, Ms. Bernson. Do you agree with her assessment of your mother’s condition?"

"From what of it I could hear, I would agree," she says, "I have a hard time hearing anymore, my ears, you see." She indicated the hearing aid she wore.

"Very well then, Mrs. Clark, for the sake of clarity, would you tell us, in your own words, what is your opinion of your mothers health and well being?" asks the attorney.

"Mother's health has been falling off for over a year now," she begins.

"She has gotten to the point that she cannot do much for herself. Someone has to feed her, dress her, and bathe her. She cannot be left unattended anymore, because she gets confused and then scared. When she gets flustered, well, that’s how she fell this last time. She just tries to do more than she is able to without help and that is when she hurts herself. Daddy, bless his heart, just can’t do for mother anymore. It’s just too much for him. Someone has to watch her 24 hours a day, make sure she takes her medicine and such. He just can’t do that; it’s too hard on him. I took care of mother, with help from Tim, my husband, until she fell this last time. We agreed as a family, myself, my father and Tim, that the best thing for Mother would be to place her in a nursing home, where she would be watched constantly and nurses were on hand to tend to her. And that is what we did, right before this past Christmas. Daddy spends all day with her there and then comes home to sleep at night. I spend a good portion of my time there with her also, as does Tim." She looks tenderly at her husband as she continues, "Mother loves Tim and he has always been good to mother."

"So, what you are saying is that you have already been looking after your mothers interests, with help from your husband and approval of your father, before any of this was brought to the Commonwealths attention?"

"Yes," she acknowledges.

"Mrs. Clark, you are now the temporary Guardian of record for your mother, is that correct?"

"Yes sir, I am," she responds.

"Mrs. Clark, if the court were to appoint you as the permanent guardian for your mother, is that a task that you would be willing to take on and fulfill?"

"Yes sir, it is," she quietly answers.

"I have no further questions for this witness, your Honor," says the gray-haired attorney.

"The Commonwealth has no questions for this witness, your Honor," the blond attorney quickly adds.

"Very well then," says the Judge. "Mrs. Clark, thank you for your testimony. I know this has been hard on you and your family. You may step down now and take your seat in the gallery."

Standing like a great burden had been lifted from her shoulders, Mrs. Clark walks back to where she had been seated and takes her seat beside her husband, who takes her hand and looks towards the Judge.

The gray-haired attorney stands and advises the Judge that he has no other witnesses to call and promptly takes his seat again. The Judge hands the documents of evidence to the Bailiff who moves over to stand by the jury box.

"All evidence having been entered and all testimonies having been heard, this hearing is now turned over to the jury with these instructions," the judge speaks first to the court and then to the jury directly.

"You are only to consider evidence and testimony seen and heard here today in your deliberations. You are being charged with the task of returning two decisions. The first is if, in your opinion, Mrs.Emma Minyard is capable of making sound decisions for herself where her health and welfare are concerned. The second is if Mrs. Minyard is capable of making sound decisions for herself regarding her financial affairs. The Bailiff has been given the reports that we discussed earlier and you will take them with you into the deliberation room as well as a form to be completed by the foreman that you pick once in the room. When you have reached a decision, please notify the Bailiff and he will advise the court and your decisions will be presented to the court."

"Follow me, please," says the Bailiff and the jury rises and goes through the door out of the courtroom.

It takes less than ten minutes for deliberations and the jury returns through the same door they had exited through.

"Have you reached a verdict?" the Judge queries.

The foreperson stands as she hands the form and the reports to the Bailiff. "We have your Honor," she says.

The Bailiff crosses the room and hands the packet to the Judge. He sits the reports to the side and looks down at the verdict form. Taking a moment to read it, he looks back at the jury…


* * * * *

"Let it be entered into record that the Jury has returned a verdict and that it has been reported to the court," the Judge says to the Secretary.

"The Jury has decided that Mrs. Minyard is not capable of making decisions for herself in regards to her health and welfare. Is this the verdict of the Jury? A simple nod from everyone will be adequate."

The Jury nods as one body before the Judge continues.

"It is further the verdict of this Jury that Mrs. Minyard is not capable of making decisions for herself in regards to her financial affairs. Is this also the verdict of the Jury," the Judge asks?

Once again the Jury nods in unison.

"Would the Commonwealth like to poll the Jury?" the Judge asks.

"No, your Honor," the blond attorney responds.

"Council for the Respondent, would you like to poll the Jury?"

"No, your Honor, we accept this verdict," says the gray-haired attorney.

"Very well then. Let the record show that a verdict has been reached and accepted by the court. Ladies and gentlemen of the jury this ends your service in this case and the court thanks you. Before releasing you I would just like to say that you did a good thing here today and the court believes that the interests of Mrs. Minyard will benefit from your decisions."

"What you decided here today is to allow Mrs. Clark and her husband to take care of her aging mother. It is the right thing to do; it is what families are supposed to do for one another. And in thisinstance, I am confident that that is what will happen. None the less, I hope you don’t diminish the importance of what transpired here today, the basic gravity of it. It is no frivolous matter to deny anyone the right to make decisions for themselves. But the human condition, being what it is, sometimes makes these things necessary."

" If anything, you should leave here today with a sense of confidence, that even if you find yourself incapacitated, that your basic rights under the constitution will be looked after and protected. You are dismissed."

With misty eyes, Mrs. Clark mouths the words, "Thank you, thank you," to the jury as they leave the courtroom.


Copyright © 2007 WML