Further Thoughts

I have been thinking about the trial that just ended. There were many moments and thoughts from that trial that upset me. The first came during the jury selection phase of the trial. The doctor, who was the defendant, is Chinese and came over here from Taiwan. He is a humble and quiet man. With the exception of when he testified, he never looked up or at anyone. You could sense the pain he was feeling. During the selection part of the proceedings his lawyer asked the prospective jurors if she could assure her client that we would listen to the evidence and decide without prejudice. One man answered, "No because my daddy fought in World War II against the Japanese and we were taught to hate all Asians." My Dad was in the Pacific during World War II and my brother was in Vietnam and we were not taught to hate. How can a grown man continue to exhibit that sort of hatred towards anyone who was not like himself? I have no doubt that his prejudice extended to blacks, Hispanics, Native Americans, and anyone else who isn't lily white. You are supposed to learn through life and even if in childhood you were taught prejudice that is no reason to carry that prejudice throughout your adult life. The doctor was Chinese. Did that man sleep through history class? The doctor was from a different country, different ethnic background, different history, different traditions. If you asked that man I'm sure he would claim he was a good Christian. I'm sure he passed hatred on to his children and hatred is contrary to Christ's teaching.

Another thing that bothered me was that the plaintiff was on her second attorney. Did her original attorney, who got her a settlement from the hospital, tell her she had no case against the doctor? Did this second attorney come in and tell her, "I can get you a lot of money from the doctor's insurance?" Was she motivated by greed at that point. The way she fidgeted all through the trial indicates to me she wasn't settled in her mind that she was doing the right thing. The attorney struck all of us as an ambulance chaser. He was in it because he could get a big portion of her winnings. The attorney told us in closing that the doctor would just go on as normal. It wouldn't affect him at all. This is a deeply caring doctor and he was devastated by what happened. He immediately apologized to the woman when he found out what happened and visited her frequently in the hospital after the second operation to make sure she was all right. Are those the actions of someone who doesn't care? Of course not. If the doctor had been white would the ambulance chaser still go after him?

The other thing that bothered me was that the plaintiff stacked the jury with all women believing that we would be swayed by emotion. He denigrated our intelligence. Even the judge believed we would find for the plaintiff based on emotion and the fact she was a woman. How very sexist of both of them. I hate it when people think women are incapable of deciding a case on points of law or that women are incapable of logic. I got As when I took logic thank you very much. I may be an artist but I also know how a computer works, can solve a math problem, even know how to program in Basic. I am a smart woman and resent it when people think that I'm incapable of rational thought.

When I got home Thursday I was in a contemplative mood. I reread the Chinese "Tao Te Ching" before I went to bed. I have always been fascinated by Oriental philosophy. It is a calm and accepting way of life. While I appreciate it I probably can't be that accepting. I have a tendency to want to manipulate what ever fate has in store for me. I am a strong woman and try to be without prejudice or hatred. I must admit though that the emotional part of me wanted to smack the potential juror with his bigotry and the plaintiff's ambulance chaser attorney.

The picture is called "The Queen." It is a portrait of Queen Niri, the High Queen of the Elves, from my short story collection. She is a very strong character in the stories and a very important one. Like most beings she can lead with both her heart and her head. In a way she is like me in that respect and I think as a writer I do influence the behavior of my characters based on myself.