Many called, few enthusiastic to serve

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Court of Queens Bench at the Law Courts (JOHN WOODS / WINNIPEG FREE PRESS) Photo Store

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John Woods / Winnipeg Free Press A courtroom at the Law Courts building: People can get creative trying to wriggle out of jury duty. (WINNIPEG FREE PRESS) Photo Store

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Gerardo Lagos: accused of assault

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Daryl Cote

Manitoba justice officials are preparing for one of the busiest stretches in recent memory, with as many as six jury trials expected at the same time in Winnipeg.

The jury-selection process customarily comes at the end of summer. On Thursday, the crowd gathered in the downtown Law Courts was unusually large. That's because panels are being chosen for six cases, when it's rare to have more than two or three jury cases sitting at one time.

Several hundred Winnipeggers showed up Thursday a the two-day selection process began. It's one of the largest pools of potential jurors ever assembled in Winnipeg for one sitting.

A total of 72 will be picked by the time the process ends today. And while some will no doubt be happy to perform their civic duty, it's likely many others will dread the thought of spending a few weeks hunkered down in court.

Typically, many try to opt out of jury duty by giving a litany of excuses. Those who have legitimate reasons -- such as health concerns, child-care issues or serious work and financial problems -- are usually given a pass. Those who come up with more unique tales of woe are usually out of luck.

The number of jury trials is expected to keep rising over the next few years, largely because of the large number of recent homicides. Those charged with murder or manslaughter almost always elect for trial by jury, and Winnipeg had a record-setting 41 homicides just in 2011. Most of those cases are still in the early stages and won't come through the trial system for another year or longer.

Of the six jury cases set to begin next month, three are homicides. The cases are as follows:

-- JOSEPH HEAD: Charged with second-degree murder for the January 2009 shooting death of Shawn Beauchamp, 26. The victim was shot in the area of St. John's Avenue and Charles Street. Head's trial begins Tuesday and is slated to last up to three weeks.

-- ELWYN EVANS: Charged with numerous weapons-related offences following a raid of an Interlake property in 2006. Police seized several high-powered firearms in Komarno, about 75 kilometres north of Winnipeg. His trial begins Tuesday and is slated to last up to four weeks.

-- TENNESSEE WEEDMARK: Charged with second-degree murder for a June 2009 attack that killed Albert Goosehead III, 12. The boy was beaten inside a house on Bloodvein First Nation. Weedmark's trial begins Sept. 10 and is slated to last up to three weeks.

-- MARTIN DERKSEN: Charged with sexual assault. No other details known. Derksen's trial begins Sept. 10 and is slated to last a week.

-- NICHOLAS SOMERS: Charged with manslaughter for a July 2010 fight outside a Corydon Avenue bar. Gary Rent, 33, died in hospital of injuries suffered during an assault outside Bar Italia. The trial for Somers begins Sept. 24 and is slated to last up to three weeks.

-- GERARDO LAGOS: Charged with aggravated assault after a man was shot in the leg outside a Portage Avenue bar in 2007. His trial begins Sept. 24 and is slated to last up to two weeks.

In addition to the six jury trials, there are several other high-profile cases set to begin in September that are being heard by judge alone, including:

-- DARYL COTE: The former head of a Winnipeg-based native health-care agency is charged with two counts of theft over $5,000 and two counts of fraud over $5,000. Cote is alleged to have stolen $1,028,050 from Anishinaabe Mino-Ayaawin Inc. (AMA) and $310,150 from the Dauphin River First Nation, of which he used to be the co-manager. Cote's trial begins Tuesday and is slated to last five weeks.

-- WALID ABDELHAMID: The former Winnipeg doctor is accused of sexually assaulting a teenage patient while working at Health Sciences Centre in 2009. Abdelhamid fled to Greece after being released on bail and was extradited to Canada nearly two years later. His trial begins Sept. 4 and is slated to last up to three weeks.

There are several major sentencing hearings set for September, including a handful of homicide cases, which will have the courthouse hopping on a daily basis. Court hearings are open to the public.

www.mikeoncrime.com

Excuses, excuses

EVERY year, justice officials are given 30,000 random Manitoba Health numbers of people who live in Winnipeg and are older than 18. Typically, only about half of those will be issued a summons. And of those, only a couple of hundred are chosen for jury duty.

Jamie Krilyik, Manitoba Justice's jury co-ordinator, says they regularly deal with potential jurors who aren't celebrating winning the legal lottery.

"Some people think they're too important at work," Krilyik recently told the Free Press. "They think they're special. We had a guy who said his wine was going to be ready that day and he had to bottle it."

Last year, three jurors were kicked off a single trial for various reasons: One had to be excused for fear she might go into labour. Another couldn't stop falling asleep in court. And a third simply decided he no longer wanted to show up.

Queen's Bench Chief Justice Glenn Joyal lowered the boom last year on numerous people who tried to wriggle out of jury duty in a high-profile murder case. He wasn't impressed that it took 56 people to find a panel of 12 unbiased citizens who were willing and able to sit on the case, which lasted more than a month.

"You're basically sabotaging your participation for reasons that aren't entirely sympathetic. That's not acceptable. Frankly, I feel that's a bit of an affront," Joyal told one young potential juror, who simply claimed the case was too long for his liking. Joyal had similarly harsh words for many others who offered up a litany of flimsy excuses.

There's no doubt jury duty can be a chore. For every wide-eyed person excited at the chance to play a role in the justice system, there are countless others who fear the time, stress and lack of monetary reward that often come with it. Jurors get paid only if a trial exceeds two weeks. Even then, it's a paltry $30 a day. Exemptions are given in certain cases where health or financial hardship are proven to be valid concerns.

Republished from the Winnipeg Free Press print edition August 31, 2012 A4