Jury Duty Saves A Life

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Sure, it’s a fundamental bulwark of liberty, the only place in our system where a few ordinary citizens can deny the power of prosecutors, judges, presidents, and legislators.

Big deal, compared to this, from South Dakota’s Rapid City Journal:

A juror in a federal rape trial may have saved the life of a fellow juror who was choking by performing the Heimlich maneuver on her.

The two were part of a 12-person jury deliberating the fate of Jason Pumpkin Seed, 20, after a trial in U.S. District Court last week. Pumpkin Seed of Wounded Knee was charged with aggravated sexual abuse.

The trial began last Tuesday afternoon and went to the jury about 10:20 a.m. Thursday. At 1 p.m., U.S. District Judge Andrew Bogue was notified of a “health situation” in the jury room and called a recess.

A U.S. District Court spokesman said the jurors were eating a catered lunch together when a woman began choking. Another juror performed the Heimlich, which dislodged the food.

An ambulance was called but did not transport the woman to the hospital. However, Bogue excused the woman so she could see a doctor.

Court documents show that the remaining 11 jurors returned to deliberating shortly after 1:30 p.m. and returned a guilty verdict at 4:30 p.m.
In case you’re wondering, defense counsel couldn’t object to the decision to continue with eleven. Federal Rule of Criminal Procedure 23(b)(3) says that “After the jury has retired to deliberate, the court may permit a jury of 11 persons to return a verdict, even without a stipulation by the parties, if the court finds good cause to excuse a juror.” I haven’t looked for cases on point, but it’s likely that a near-death experience over lunch counts as good cause.