Inside the Courts: The Jury Returns

It's been a week since I sat in on a penalty hearing for Christopher Evans, convicted of killing Tina Rose and Tommy Lee Brown in 2001. Last Monday, the lawyers in the case laid to rest their arguments and the jury retreated to decide what the penalty would be: life in prison without parole or death. No one knew how long it would take for the jury to come back, and the deputy district attorney, Michael Nieto, defense attorney William DuBois, and family members of both the victims had beenin and out of the courthouse all of last week, staying nearby in case word came that the jury had reached a verdict. Then this morning, the rumor spread and various parties began filtering into Judge Vernon Nakahara's chambers.

At 9:30AM, Tommy Lee Brown's family arrived in a big burst of energy, filling up the small hallway on the 5th floor of the Rene C. Davidson Courthouse.

At 10:30, everyone was still waiting, as Tina Rose's family hadn't yet arrived. Lawyers milled about, bailiffs chatted about football and ate candies from the leftover Halloween stash, and Brown's family discussed Thanksgiving plans. All of a sudden, the elevator doors opened, Rose's family walked out, and the courtroom hastily assembled itself.

Brown's family filled up the entire second row of the prosectution's side of the courtroom. The bailiff thanked them for their composure over the past months of trial, making his job of keeping the courtroom orderly much easier. Today, he said, is an emotional day and whatever happens, whether they agree or disagree with the jury, he asked them to please keep their emotions harnessed. They could go outside if they needed to, take a moment in the hall to do whatever they needed to do, but there was some process the court would have to finish up, and he needed them to try their best to keep it together for a little longer.

At 11:08AM, the baliff brought out Chris Evans, who appeared to be breathing a little heavily. The room went dead silent.

At 11:10, you couldn't hear anything but the approaching clicks of the jurors' shoes. Minutes later, they filed by and were seated.

At 11:13, the bailiff announced, "Department eight is now in session" and the attorneys, who had stood as the jury walked in, took their seats.

"My understanding is that the jurors have reached a verdict," Judge Nakahara said. "We have, you're honor," said Juror #2.

The bailiff handed the envelope to the court clerk and she read: "We the jury fix the penalty at death."

Each juror confirmed the verdict. Members of Brown's family quietly nodded.

"Ladies and gentlemen of the jury," the Judge said. "I have one final instruction." In a few moments, he said, I'll be dismissing you from this case and all the instructions you've been living by for months and months will no longer apply. It's your individual choice to discuss or not discuss this case with anyone. If there's any improper contact from anyone, please let the court know.

"I'll be sending you a thank-you note," he added.  " Hopefully, you don't consider that improper contact." The jury laughed. The Judge thanked the jury for their extraordinary service and committment to seeing the case through. At 11:21--after less than 10 minutes--he dismissed them, and the crowd scattered: the jurors back to the jury room to retreive their things; the prosecutor outside to hug the victims' families before they packed into the elevator to gome home for the final time. William DuBois, Evans' attorney, was the last to leave and he looked crushed.

"This will be appealed to death!" he said, in response to my question. "There are a lot of appellant issues that came up during the guilt phase and the penalty phase." This jury, he said, "is a killing jury. We thought there were a few who would choose life." He paused. " It was a hard verdict," he said.

I asked him what he could possibly say at this point to his client, who was remanded by the judge to the reception center at San Quentin State Prison.

"Everything happens for a reason," he said. "That's the only way you can comfort them."

The attorneys return to court on March 3 for further motions on the case.