On Juries

I’m not absolutely sure that it’s not Pedro Hernandez. But that’s my how our legal system works.

Adam Sirois, the lone juror who voted not guilty in the Pedro Hernandez trial. Consistently. Over some 100 hours of deliberations.

Adam Sirois, who doesn't know whether Pedro Hernandez abducted and killed 6-year-old Etan Patz in 1979.

He sat and listened to all the testimony. As did the other 11. He paid attention to it all. As, we must assume, did they.

At times he was certain Hernandez did it. At the end, the other 11 were. But after all was said and done, he wasn't sure enough. Reasonable doubt. 11-1. Which means that Pedro Hernandez is innocent.

Even if he did it.

If you can't understand that, if you can't accept that, then ours isn't the system for you.

Pedro Hernandez is innocent. Wholly, completely, totally innocent. So are you.

It's not that as a matter of historic fact he did not abduct and murder Etan Patz. Maybe he did. Maybe he didn't. I don't know. You don't know. Adam Sirois doesn't know. Neither do the other 11 jurors. 

I've said this before, but it bears repeating.  Trials are not about truth.  They're not about what happened.  They're about proving things - elements of crimes we call them - to the satisfaction of 12 jurors.  Beyond a reasonable doubt.  Whatever that might be.

The prosecutors proved what they had to, proved to 11 jurors, those elements.  From which they, the 11, said Pedro Hernandez was guilty.  Adam Sirois wasn't convinced.  He didn't believe it beyond a reasonable doubt.  Whatever that might be.

And so Pedro Hernandez is innocent.  Wholly, completely, totally innocent.

Even if he did it.

Which maybe he did.  And maybe he didn't.

That, my friends, is the American Way.

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* * * * *

It is, of course, also The American Way™ that even though the Constitution guarantees that nobody can be tried twice for the same crime, prosecutors plan to try Pedro Hernandez again for the same crime. And the Supreme Court says that's just fine.  Being tried twice for the same crime, you see, is just fine as long as it isn't being tried twice for the same crime. 

Because criminals.