I was in Costco last weekend with a friend when I looked up to see a familiar face crossing my path. I couldn't immediately identify the association, but I felt immediately that I knew this person more than as just a passer-by. As he passed in front of me and also saw me, I could tell he was having the same experience. So, rather erring on the side of kindness, I smiled and said, "Hi, how are you?". I could tell he still hadn't placed where he knew me as well, and likewise smiled and said, "Good", and continued on with his toddler daughter in tow.
Then I realized who it was. He was the prosecuting attorney for the murder trial I sat on 5 months ago. Pat Finlinson. I spent 8-10 hours a day studying his face and listening to him present a case against Roberto Miramontes Roman in the murder of the Millard County Deputy, Josie Fox.
I was immediately overcome with feelings of remorse and sorrow. Remorse for the verdict that came as a huge blow to him personally and professionally. Remorse for the people of Millard county who grieved the loss of a wife, mother and female police officer. Remorse toward every police officer who has ever died in the line of duty doing serving their country. Remorse about the people of Utah and the family who felt robbed by the "not guilty" verdict. I'm not sure I will ever stop feeling remorse about that trial.
It was my birthday yesterday. I know you would think that I would be writing contemplative things about life and being a year older. But instead I am thinking about something else that happened 3 years ago on my birthday: The funeral of Deputy Josie Greathouse Fox Jan. 11, 2010.
I know this might be an event in my life that is long forgotten by many of you. It was nearly 5 months ago now. But it lives in my memory bright and clear. Every time I see a police officer. Every time I hear the word Delta. Every time I think about guns and AK47s. When I hear the word "meth" and drug addict. Every time someone turns on one of those awful morbid crime shows on TV. When I hear "forensics" or fingerprint, or murder. This are real things for me. They are not entertainment.
So it's important for me to make a record of this, for myself, so that I can find some peace with the process and let it eventually become a thing of the past.
The trial setting: Spanish Fork Court House
Because this trial was so high-profile and charged, they decided to take the jury selection out of Delta and Millard County in an attempt to get a more unbiased jury. That's how I was selected. Then, every day for a week I would drive down to Spanish Fork and spend the day at the courthouse.
The court room was full when we started the trial. I of course didn't know who anyone was, but I assumed there was family and friends of Josie Fox behind the prosecution and closest to the jury box. On the defense side there were, what seemed to be, the family of Roman- an older Hispanic couple and some younger brothers. There were some more liberal looking people- for Utah county anyway, and reporters and people with cameras. Below are his parents and brother.
I studied both the defense lawyers and prosecution intensely. What kind of men were these? The prosecution consisted of very sharp men, all in black suits, very professional and looked very trustworthy. Clearly the prosecution had the strength of the state behind it. Many officers and detectives sat in their area- all very sharp and clean-looking men. I felt an immediate preference to trust them and their evidence more- although I wanted to be objective.
In contrast, the defense lawyers immediately struck me as....not professional. Their suits were light grey colored. Their shirts were often brightly colored- green or pink, making me feel they were a little more liberal or took the trial less seriously. The older gentlemen, Steve Mcaughney, felt to me immediately untrustworthy. I'm not sure what it was exactly about him, but I felt on edge by anything he said and did. He seemed more demanding and entitled, in contrast to the defense who seemed open and transparent.
Now I acknowledge that these are just impressions based on no facts whatsoever. But as a jury member, when all the contextual information about a case is intentionally stripped from you, and when you know nothing of the details that everyone else knows, you begin looking and searching for any scrap of information that might fill in the story line for you beyond the charts and graphs. Especially as an intuitive person, who makes many decisions based on gut instinct rather than facts and evidence, my mind spent hours seeking for the hints of contextual information that I wasn't allowed to know.
Opening Statements
The trial began with instructions from Judge Eyre. As jurors, it was our duty to make a decision, based on evidence and proof beyond a reasonable doubt, whether Roman was guilty of aggravated murder. We were to carefully consider all of the evidence, not come to a decision prematurely or before all of the evidence was presented. We were not to talk to anyone about the trial, including the other jurors, throughout the week. Opinions were not to be considered as evidence. Watching news or doing personal research on the trial was strictly forbidden. We were to come with an open mind every day, listen to all of the evidence, and deliberate only once the trial was over.
Then Pat Finlinson stood up- the prosecuting attorney. He wore dark conservative suits and presented in a very matter-of-fact but non-assumptive style.
"Josie Greathouse Fox was Millard county's first and only female deputy. One night, on a routine traffic stop pulling over a 1995 Cadillac Deville at 1am, outside of Delta Utah, she was shot with 2 bullets. Back up arrived on the scene 9 minutes later they found Josie laying in the road in a pool of blood. The Cadillac was gone, and Josie was dead."
He continued to present the narrative of the surrounding circumstances- prior to the shooting other deputies blacked-out in the adjacent county, who had witnessed Roman in the Cadillac minutes before in a drug deal.They called ahead to Josie to let her know the car was heading in her direction and to intercept them. She pulled him over and as she approached the vehicle, Roman rolled down the window, put the gun out the window, and shot twice.
The next morning Roman and a friend were found in a shed in Beaver Utah and taken into custody. In an interview with a shoddy sound system, Roman confessed everything. He said he had shot a police officer out the window of his car with an AK47 had had received in exchange for drugs. He he had been selling drugs to the cop's brother- Ryan, and had received the gun minutes before from him as payment for the drugs. He even told Ryan that night that if he saw a cop that night he would shoot them. After smoking meth for a few minutes, Ryan got back into his car and headed home, while Roman headed toward Delta. Josie identified his vehicle on the road and turned on her lights to pull him over.
After he shot her, he called a friend, threw the gun out the window, changed license plates and vehicles and headed North in a corvette. They stopped in Salt Lake Rose Park at some relatives' house until they saw the cops. Then they decided to head south. The stopped in Provo, dumped the car, and hired a limo driver to drive them to Beaver Utah. The found an old shed to sleep in when they couldn't find their friend, and were found there.
When Finlinson ended the opening statment, I wondered what there was to have a trial about. It seemed like an open and closed case. The defendant admitted to shooting the officer. What was the defense's case?
I determined to take in all the information before I made kind of assessment, but it didn't seem like there was any room for doubt. Why were we having this trial?
I was looking forward to the Defense's open statement, but they had none. How strange, I thought. Why wouldn't they take the opportunity to persuade the jury of his innocence, when we all clearly had just been presented such and open and shut case about his guilt.
If only I had known about the strategy of defense lawyers.
Next up: The Trial
wow Nicole, you've piqued my curiosity. I'm interested to read more!
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