A few interesting things about the Ward Churchill jury came to light today (a sigh of relief from Pirate Ballerina!). The jury thought — right up until the judge gave them their instructions — they were to determine whether Ward Churchill was guilty of academic misconduct. When they realized they needed only to decide only whether the 9/11 essay was a substantial motivating factor in his dismissal, they agreed very quickly that it was.
Although apparently the jury took their deliberations seriously, they didn’t want to have anything to do with the damages portion of the process. They hoped the judge would do the job for them but when they found out that wasn’t permitted, they gave it a half-hearted shot. This from Westword’s interview with juror Bethany Newill:
Once Judge Larry Naves reiterated that the jury had to tackle this task, Newill confirms that “the majority of us were in favor of giving him money,” but they didn’t know how much to award. “We were given a four-page set of rules to determine the amount, and there was also an option that we didn’t have to do it. And one of the rules said there needed to be a preponderance of the evidence to show the financial effect it had on Ward Churchill. And there was no real dollar amount other than the loss of wages.”
Ultimately, the jurors followed the lead of David Lane, Churchill’s attorney. “He said, ‘What price can you put on a reputation?'” Newill remembers. “And we all decided that there’s not a price you can put on a reputation. And even though this was protected speech, there are still consequences to your actions and your words. When Ward Churchill wrote that essay, he had to think that people would be affected by that, negatively or positively, and that he would need to reap the consequences on his reputation.” Still, she emphasizes that “it wasn’t a slap in his face or anything like that when we didn’t give him any money. It’s just that David Lane kept saying this wasn’t about the money, and in the end, we took his word for that.”
No doubt, a jury of peers! Just not Ward Churchill’s peers!