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Hearing no problem for deaf juror | ajc.com
It looked like your basic drug-related murder.
One guy showed up at a corner at Atlantic Station last March allegedly looking to sell a kilo of cocaine. Another guy showed up allegedly looking to buy it. The guy who was supposed to have the drugs didn't have them. An argument ensued. One guy then shot and killed the other guy.
Last week, in Fulton County Superior Court, a jury convicted Marland Moore, 30, of the murder of Rodney Cunningham, 28. Moore was sentenced to life in prison.
What stood out for many about the trial was one of the jurors. He was deaf. Though a deaf juror is not unprecedented, it is rare, according to jury experts and advocates for the hearing impaired, and it was a first for the veteran judge, the attorneys and the other jurors. Two interpreters translated the proceedings into sign language.
"I thought it was a special thing for the judicial system and for the community," said Senior Judge Stephanie Manis, who has served on the Superior Court bench since 1995.
It was particularly special for Keith Davis, 46, who had been summoned for jury duty twice before but never selected. While the Americans with Disabilities Act prohibits discrimination in the courtroom against people with hearing loss, Davis believed his deafness contributed to his not being chosen as a juror in the past, including once in Minnesota.
"I feel I'm an American citizen and I should be able to be on a jury like everyone else," said Davis, who lives in Alpharetta and works two jobs, as a mail clerk and package handler. "I think fair is fair."
'I wanted to participate'
While serving justice, the four-day trial also served to erase what many inside the courtroom worried, at least privately, what the limits might be for someone with a disability like deafness. His involvement became one more step, Davis said, in dismantling faulty preconceptions.
"Before the end of the first day, everyone forgot he was deaf," said Toria Tolley, the jury forewoman and a former CNN anchor who is now a communications coach in Alpharetta. "You don't realize what a great communicator a deaf person can be. For a deaf person, he was one of the best talkers."
Davis was born in Massachusetts, the only one in his family of five kids who couldn't hear. He attended a school for the deaf that at the time did not teach sign language, but instead taught its students to lip read and use their voices. Davis didn't learn sign language until he was 19.
"He's probably more comfortable talking than signing," said longtime friend Michael Whaley. "And he talks a lot."
When Davis received his most recent jury summons, he notified the court in advance that he was deaf so that an interpreter would be present during the lawyers' questioning.
Seated among the other prospective jurors, Davis was stunned by the excuses people came up with to be dismissed.
"I wanted to participate," he said. "I wanted to see what it was really like. To see a real trial, not just watch one on TV."
Senior assistant district attorney Eleanor Ross said she and her co-counsel were impressed by Davis' warmth — he talked about his dogs and how he took them to the park —and his thoughtfulness.
"He made me think he would stop and think about what was being discussed instead of just going along with everybody else," Ross said. "The case was complicated. There were some issues."
The few adjustments made for the trial included moving some equipment so sightlines for Davis and the interpreters wouldn't be blocked. The interpreters were sworn in as officers of the court and alternated signing about every 20 minutes. They also looked over exhibits and witness lists before they were presented.
Tolley said the interpreters, rather than being a distraction, became a kind of enhancement for the other jurors.
"I found myself looking over at his interpreters," she said. "They kind of clarified things for us as well."
"I remember at first looking over at [Davis], thinking, 'Is he getting all this?' " Tolley added. "But not only was he getting all the verbal, he was obviously getting a lot from the witnesses that wasn't verbal. People that have full hearing, we sometimes rely on our ears when we need to rely on our sight. If the volume were turned down, what would you notice? He took in a lot."
Just how much Davis took in became clear during the jury's two-hour deliberations. Tolley said Davis asked more questions than any other juror. He made sure every aspect of the trial was thoroughly discussed before a verdict was reached.
"We knew when we left [the jury room] that our verdict was above and beyond any doubt whatsoever, and a lot of it had to do with Keith's questions," Tolley said.
Matter of ignorance
That observation comes as no surprise to people in the deaf community, but getting on a jury can still be difficult, especially in smaller, rural jurisdictions, advocates for the hearing impaired say.
A 2007 survey of 1,400 state courts by the Center for Jury Studies found 38 percent had sign language interpreters available and 31 percent were outfitted with assisted listening devices. In areas with more than half a million people, like Fulton County, the number that provided interpreters jumped to 88 percent.
But Thomas Galey, executive director of the Georgia Council for the Hearing Impaired, said ignorance of what deaf people can do — anything except hear — continues to hinder them being chosen for juries.
Davis said whatever ignorance people in the courtroom might have had before the trial was gone by the time it ended.
"People didn't treat me any differently. They didn't feel sorry for me or have sympathy for me," he said. "For many of them, I was the first deaf person they may have come in contact with. When everybody left, we felt like family.
"I'm glad I did it," Davis added. "I'm proud."
It looked like your basic drug-related murder.
One guy showed up at a corner at Atlantic Station last March allegedly looking to sell a kilo of cocaine. Another guy showed up allegedly looking to buy it. The guy who was supposed to have the drugs didn't have them. An argument ensued. One guy then shot and killed the other guy.
Last week, in Fulton County Superior Court, a jury convicted Marland Moore, 30, of the murder of Rodney Cunningham, 28. Moore was sentenced to life in prison.
What stood out for many about the trial was one of the jurors. He was deaf. Though a deaf juror is not unprecedented, it is rare, according to jury experts and advocates for the hearing impaired, and it was a first for the veteran judge, the attorneys and the other jurors. Two interpreters translated the proceedings into sign language.
"I thought it was a special thing for the judicial system and for the community," said Senior Judge Stephanie Manis, who has served on the Superior Court bench since 1995.
It was particularly special for Keith Davis, 46, who had been summoned for jury duty twice before but never selected. While the Americans with Disabilities Act prohibits discrimination in the courtroom against people with hearing loss, Davis believed his deafness contributed to his not being chosen as a juror in the past, including once in Minnesota.
"I feel I'm an American citizen and I should be able to be on a jury like everyone else," said Davis, who lives in Alpharetta and works two jobs, as a mail clerk and package handler. "I think fair is fair."
'I wanted to participate'
While serving justice, the four-day trial also served to erase what many inside the courtroom worried, at least privately, what the limits might be for someone with a disability like deafness. His involvement became one more step, Davis said, in dismantling faulty preconceptions.
"Before the end of the first day, everyone forgot he was deaf," said Toria Tolley, the jury forewoman and a former CNN anchor who is now a communications coach in Alpharetta. "You don't realize what a great communicator a deaf person can be. For a deaf person, he was one of the best talkers."
Davis was born in Massachusetts, the only one in his family of five kids who couldn't hear. He attended a school for the deaf that at the time did not teach sign language, but instead taught its students to lip read and use their voices. Davis didn't learn sign language until he was 19.
"He's probably more comfortable talking than signing," said longtime friend Michael Whaley. "And he talks a lot."
When Davis received his most recent jury summons, he notified the court in advance that he was deaf so that an interpreter would be present during the lawyers' questioning.
Seated among the other prospective jurors, Davis was stunned by the excuses people came up with to be dismissed.
"I wanted to participate," he said. "I wanted to see what it was really like. To see a real trial, not just watch one on TV."
Senior assistant district attorney Eleanor Ross said she and her co-counsel were impressed by Davis' warmth — he talked about his dogs and how he took them to the park —and his thoughtfulness.
"He made me think he would stop and think about what was being discussed instead of just going along with everybody else," Ross said. "The case was complicated. There were some issues."
The few adjustments made for the trial included moving some equipment so sightlines for Davis and the interpreters wouldn't be blocked. The interpreters were sworn in as officers of the court and alternated signing about every 20 minutes. They also looked over exhibits and witness lists before they were presented.
Tolley said the interpreters, rather than being a distraction, became a kind of enhancement for the other jurors.
"I found myself looking over at his interpreters," she said. "They kind of clarified things for us as well."
"I remember at first looking over at [Davis], thinking, 'Is he getting all this?' " Tolley added. "But not only was he getting all the verbal, he was obviously getting a lot from the witnesses that wasn't verbal. People that have full hearing, we sometimes rely on our ears when we need to rely on our sight. If the volume were turned down, what would you notice? He took in a lot."
Just how much Davis took in became clear during the jury's two-hour deliberations. Tolley said Davis asked more questions than any other juror. He made sure every aspect of the trial was thoroughly discussed before a verdict was reached.
"We knew when we left [the jury room] that our verdict was above and beyond any doubt whatsoever, and a lot of it had to do with Keith's questions," Tolley said.
Matter of ignorance
That observation comes as no surprise to people in the deaf community, but getting on a jury can still be difficult, especially in smaller, rural jurisdictions, advocates for the hearing impaired say.
A 2007 survey of 1,400 state courts by the Center for Jury Studies found 38 percent had sign language interpreters available and 31 percent were outfitted with assisted listening devices. In areas with more than half a million people, like Fulton County, the number that provided interpreters jumped to 88 percent.
But Thomas Galey, executive director of the Georgia Council for the Hearing Impaired, said ignorance of what deaf people can do — anything except hear — continues to hinder them being chosen for juries.
Davis said whatever ignorance people in the courtroom might have had before the trial was gone by the time it ended.
"People didn't treat me any differently. They didn't feel sorry for me or have sympathy for me," he said. "For many of them, I was the first deaf person they may have come in contact with. When everybody left, we felt like family.
"I'm glad I did it," Davis added. "I'm proud."
