There
is
necessary
background
beyond
this
narrative
that
reflects a decade of chaos.
In
Winter/Spring
of
1990
I
was
summoned
to
serve
on
a
Federal
Grand
Jury.
I
remember
uselessly
hiding
behind
a
pillar
in
the
crowded
auditorium
who’s
relatively
few
selected
members
would
comprise
the
three
Grand
Juries
serving
the
criminal
courts
for
the
next
three
to
four
months.
A
group
of
clerks
appeared
behind
a
microphone
and
in
their
spokesman's
first
utterance
he
said,
"Federal
Grand
Jury Number One: Gregory Hannan, Foreman,
Washington,
D.C
had
at
the
time,
and
for
some
years
as
well,
the
distinction
of
being
the
'murder
capital'
of
the
country,
with
450-500
homicides
per
annum
in
a
city
with
a
population under 600,000 people.
Crack
had
exploded
onto
the
street,
poisoning
the
black
population demographic in particular.
A
Grand
Jury
is
comprised
of
23
members.
Its
officers
include
a
foreman,
sub-foreman
and
secretary.
The
foreman
leads
the
proceedings
and
of
utmost
importance
during
the
course
of
empanel-ment
must
remind
the
body
of
the
irrelevance
of
guilt
or
innocence
in
cases
provided
by
the
prosecution.
The
panels'
sole
purpose
in
hearing
’the
whole'
of
federal
prosecution
evidence
is
to
determine
whether
each
case
presentation
of
witness
testimony
and
forensic
evidence
merits
a
trial
(indictment)
or
dismissal
from
further
prosecution
pursuit.
The
Grand
Jury
is
also
empowered
(delivered
an
onus)
to
indict
any
prosecution
witness
whose
sworn
testimony
during
procedure
is
suspected
of
committing
perjury
(lying)
or
reveals
an
additional offense not under current review.
As
would
foreshadow
our
coming
ordeal,
on
our
first
afternoon
in
session
an
88
year
old
grandmother
would
lie
to
us
as
to
the
whereabouts
of
her
grandson
(sitting
with
her
on
the
porch)
while
he
was
actively
engaged
at
the
same
time
in
a
firefight
using
an
automatic
weapon
against
two
cops
in
the
alley
behind
the
house.
That
night
I
swam
laps
at
the
YMCA
alongside
a
casual
acquaintance/swimmer
who
I
knew
to
be
an
assistant
prosecuting
attorney.
In
the
shallows
I
remarked
in
frustration
and
anxiety,
"I
just
had
an
eighty
year
old
woman
perjure
herself
in
front
of
me
today"...to
which
she
calmly replied, “Let it go."
A
Grand
Jury
must
have
a
quorum
of
its
members
seated
and
must
produce
a
majority
vote
to
secure
an
indictment.
However,
in
the
real
world
of
criminal
prosecution,
any
majority
vote
of
less
than
17
members
of
the
optimum
23
seated
will
perhaps
not
result
in
a
subsequent
trial.
This
becomes
gradual
knowledge
to
its
members
and
often
sets
the stage for internal conflict.
I
was
one
of
two
individuals
who
was
white
on
Grand
Jury
#1
and
I
was
the
foreman
in
a
racially
charged
time.
Grand
Jury
#1
had
the
distinction
(unknown
to
us)
of
being
the
only
one
of
three
Grand
Juries
operating
that
did
not
have
an
attorney
as
a
member.
As
a
result,
we
were
charged
with
deliberating
on
the
most
celebrated
case
of
gang
homicide/
carnage
in
the
city's
history-
U.S.
vs.
Rayful
Edmonds,
and
we
labored
under
the
threat
of
sequestration
(living
under
isolated
protection)
which
never
resulted.
But
in
our
daily
deliberations,
our
'Rayful
hours'
did
not
begin
until
3:00
each
afternoon.
The
rest
of
the
day/term
was
spent
reviewing
evidence
of
some
of
the
most
graphically
disturbing
incidents
of
one's
imagination.
We
reviewed
381
other
Class
'A'
felonies
of
which
approximately
70
were
homicides
and
twice
that
number
just
godawful
in
scope
that
did
not
result
in
death,
and
often-times
left
us
weeping,
especially
when
children
were
involved
as
victims
or
witnesses.
We
were
(unknowingly)
dubbed-
the
'hanging
jury'
because
of
the
absence
of
an
attorney
member-
and
given
the
worst of the cases.
In
the
first
month
of
operation,
I
had
two
women
jurors
removed
for
continually
and
obviously
voting
against
evidence.
The
jury
membership
erupted
with
half
vehemently
against
my
position.
The
chief
prosecutor
was
called
in
and
charged
with
quelling
the
revolt
and
coaxing
us
back
into
a
unit.
One
juror
snapped
out
"Why
is
HE
foreman?"
...the
attorney
replied,
"Because
of
his
experience."
I
went
home
that
night
confused
and
enraged.
I
had
been
a
narcotics
treatment
official
in
the
city,
more
than
20
years
previous
to
this
position/this
moment,
before
the
advent
of
computers.
It
was
immediately
obvious
to
me
the
prosecutor's
office
had
scanned
my
past,
resulting
in
their
choice
of
me
as
foreman.
This
is
contrary
to
the
rule
of
law-I
guess
I
could
have
(rightfully) ended my tenure the next day.
In
the
following
months,
three
members
of
the
jury
would
lose
a
son
to
homicide,
seemingly
one
after
another.
Grief,
rage,
and
an
efficient
'dispatch'
of
cases
governed
our
days;
so
much
that
two
of
my
female
jurors
who
had
been
among
the
most
vehement
opponents
against
me,
as
well
as
the
system
itself,
applied
for
admission
to
the
police
academy.
Rayful
Edmonds
received
a
homicide
indictment,
though
never
went
to
trial
for
those
offenses.
He
was
convicted
of
several
counts
of
racketeering
(under
the
RICOH
statutes)
and
received
two
consecutive terms of life without parole....which he serves.
It
is
only
a
'crap-shoot'
in
my
memory
that
one
case
dogged
me
to attempt an illustration out of those we saw and heard.
NIGHT HERON
At
lunch
time
the
cafeteria
in
the
basement
of
the
federal
office
building
that
houses
the
prosecuting
attorneys'
office
as
well
Grand
Jury
chambers
...is
a
strange
place,
filled
with
all
participants
of
both
congruent
and
opposing
sides
of
criminal
procedure-who
cannot
speak
of
their
endeavors
publicly under penalty of law.
In
front
of
me
at
the
cashier
line
stood
a
woman
whose
face
had
been
dis-figured...who
emitted
tentative
noises
co-
inciding
with
her
gestures-sliding
her
tray,
searching
in
her
purse.
Her
response
to
the
cashier
was
whispy/hushed
in
tone.
As
she
moved
on
to
find
a
seat
in
the
expansive,
crowded
room
she
continuously
looked
over
her
shoulder
seemingly
at
no
one,
and
as
I
watched,
she
pulled
out
her
chair
and
stood
above
it-staring
at
the
seat
cautiously
as
if
it
might
hurt
her
in
some
way....then
she
sat
and
stared
off
in
sadness.
Two
hours
later
this
woman
was
sworn
in
before
us.
The
case
attorney
came
in
before
her
and
cautioned
us
as
to
her
emotional state.
She
had
been
seated
at
a
bar
in
Alexandria
for
some
time
one
night
in
conversations
with
several
men.
She
was
already
intoxicated
when
she
engaged
in
a
conversation
with
still
another
man
near
to
last
call.
She's
white.
He's
black.
He
invites
her
to
come
with
him
to
continue
partying
in
D.C.
and
she
readily
agrees,
though
she
asks
where
they
are
going-
he's evasive.
In
the
course
of
diving
across
the
Wilson
Bridge
from
Virginia
to
Maryland
he
tells
her
he's
going
first
to
score
some
drugs
in
Anacostia.
She
says
she
doesn't
do
drugs
and
doesn't
want
to be part of his activity.
While
driving
he
ignores
her
as
her
protestations
become
louder,
to
the
point
of
screaming
at
him
to
let
her
out
of
the
car.
In
Anacostia
he
pulls
over
his
car,
hits
her...opens
her
door
and
throwing
her
on
a
sidewalk
abutting
a
long
overgrown/vacant lot. Then he drives away.
Somehow
in
the
incident
her
shoes
came
off
in
the
car,
and
in
her
drunken
state-seated
she
curled
herself-clasped
her
knees,
buried
her
head
and
sobbed
loudly.
After
an
immeasurable
lapse
of
time
there
she
suddenly
heard
footsteps
then
felt
two
hands
slip
under
each
of
her
armpits
clamping
her
chest,
and
then
dragging
her
backwards
like
a
ragdoll
out
of
streetlamp
glare
into
a
darkening
tangle
of
trash and bushes.
It
was
there
she
was
slugged,
then
cut
with
a
knife
as
her
clothes
were
torn
off
her
and
raped
to
a
point
where
her
last
image
of
her
attacker
was
he….
kneeling
above
her
slamming a large stone down into her face....
At
that
same
instant,
her
attacker
screamed
as
another
figure,
in
the
darkness,
drove
a
knife
into
the
man's
back,
then
disappeared.
She
was
found
with
her
attacker
dead
on
top of her...all the evidence lying around them.
The
'person'
before
us...was
no
longer....and
I
deeply
regretted that she had 'lived' beyond her ordeal.
NIGHT HERON
1997
found wood/text on panel
17" x 14" x 3 1/2"
Artist collection