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Brooklyn Judge Orders Woman To Serve Jury Duty — For Life!

Racist Answers To Questionnaire Sends His Honor Over Edge

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Empty jury box

Empty jury box. (AP photo)

Pablo-Guzman-headshot

Reporting Pablo Guzmán

NEW YORK (CBSNewYork) — Was she trying to get out of jury duty? Or when she wrote in the questionnaire that “African-Americans, Hispanics and Haitians” are the three people I admire the least — is that how she really felt?

Either way, it did get her off the jury. But, as CBS 2’s Pablo Guzman reports, that was only the beginning of a drama between juror and judge.

The courthouse where Federal Judge Nicholas Garaufis presides has been abuzz over the action he has taken against a potential juror when he questioned why she wrote things like quote “African-Americans, Hispanics and Haitians” are “the three people I like the least.” A lot of people thought she was trying to get out of jury duty.

“She’s trying to get off jury duty. You can’t second-guess her. This is how she feels. Not a right way to feel,” said Matt Kagan of Brooklyn Heights.

The juror is a young Asian woman, and she had written that she has a relative who’s in a notorious Chinese gang. So Judge Garaufis sarcastically asked, “Why didn’t you put ‘Asians’ down also?”

The juror responded, “Maybe I should have.”

The judge then exploded, saying “This is an outrage, and so are you!”

He excused her from the panel, but then ordered her to come to court – every day.

“Outrageous! I might’ve said ‘outrageous’ That sounds like me. It is outrageous!” Fordham Law Professor Jim Cohen said.

“Now it would be a very different story if the judge held this particular juror in contempt, but merely because the judge found the answers to the questions on the questionnaire offensive, does not give the judge the right, ah, to, extend jury service — or to do really much of anything!”

Cohen also said suppose the woman wasn’t trying to get out of jury duty. Suppose those racist answers that she gave were how she really felt? Cohen said even though it’s despicable to many, the judge would still have had to let her go because of that perceived bias – instead of keeping her in perpetuity.

Most observers believe Judge Garaufis will dismiss the juror soon, hoping she has learned a lesson about jury duty.

Think the judge went too far? Agree with his wild stance? Please offer your thoughts in the comments section below.

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  • Ben

    “Asians are Racist, period.”
    Ah…the irony.

    My friend, I understand why you may feel that way about Asians, but don’t you think that calling ALL Asians racist is a bit hypocritical? And does your limited experience with Asian people, as unfortunate as it may be, grant you carte blanche for the judgement of all Asian people?

    I’m Korean and I have dedicated my life to fighting the systemic failures that cause homelessness, most of whom are black and hispanic. My four closest friends, who I love as if they were my own brothers, are white, black, Iraqi and Samoan. And I’m not just some multicultural anomaly. I personally know of thousands of Asians who respect all races and want peace in humanity.

    Yes, your experience with Asians hasn’t been exactly pleasant and this racist juror certainly didn’t help change your views. But fire can’t put out fire, and hate can’t put out hate. All of our noble leaders who have helped bring peace to humanity have taught that FORGIVENESS through LOVE is the only way to end the vicious cycle of hatred and racism. To label all Asians as racists is only perpetuating the racism.

    My friend, try to forgive the Asians who have done you wrong. I completely agree with you in that racism is taught. We as humans are not born racist. Thus, the racism you encountered from the Asians you know is just the unfortunate byproduct of their upbringing by racist parents. And who knows why their parents were racist. Perhaps some wrong was done to them by racists in the past. I am not trying to justify her racism; I am only illustrating the idea that fire will never defeat fire. Just take a look at the Gaza Strip. They are all “justified”, but it will never end until someone summons the courage to love and work towards reconciliation.

    FORGIVENESS is the only thing that will save our human species from killing ourselves and to LOVE is the bravest thing that a human can do.

    • BROWN

      thank you very much for your reply, much appreciated, honestly.

      But I still feel that the judge should send her for three years of racila counseling at four times a month.

      • Rodin

        “racila”? What’s ‘racila counseling’.

  • Shlongo

    hi guys

    • jamal

      who let this jerkoff into the party?

      • badman

        sorry – I was watching the door but had to go to the can

  • Rodin

    G’nite!

    • jack tripper

      sleep tight!

  • Moral Truth

    Most asians are law abiding….check out the police arrest stats and the prison ethnic/racial stats…..the numbers don’t lie….and that’s the Moral Truth.

  • Glenn

    She was just being honest, I see nothing wrong with that. I also think the judge overstepped his bounds, he CANNOT legally order her to serve more than the mandated time if she is not chosen for a jury. His order will definitely be rescinded very shortly, he had better learn the law as a jurist.
    I have spoken and I am right.

    • pentup

      I agree with you Glenn.100%

    • John

      I would love a life time job as a professional Jurist. I wish it pay a little better though.

      • Juror #1

        Me too, I love jury duty.

      • Rodin

        @ John

        Jury duty makes you a ‘jurOR’ not a “jurIST.’

        “I wish it ‘paID’, not ‘paY.’

  • David Goldstein

    She spoke the truth and now she got penalized. She had a valid reason for not liking someone because of personal experiences. I don’t like some particular group of minorities too and I’m not a racist.

    • voiceofreason

      I agree David. I’m not a huge fan of coloreds either but that doesn’t make me racist. She did have a valid reason.

      Kudos David

    • Troll Mcgee

      I hate black people as well. I’m totally not a racist either, guys

  • Glenn B

    The judge should be removed from the bench – forever. He clearly has violated this womans first amendment rights and others.

  • Auburn Dale

    Does a judge really have the right to force somebody to give up her job – that is, take away her income – without due process??

    • Isabella

      Honestly, it’s a Freedom of Speech issue. She is more than welcome to say she dislikes the entire human race and thinks everyone not like her should go jump off a bridge -as long as she doesn’t force anyone against their will to do so. The judge acted improperly since what is “offensive” to one person doesn’t really matter under the Constitution.

  • J

    Asians are so closed minded !

    • Rodin

      CLOSE-MINDED, like “open-minded.” Get it?

    • Moral Truth

      Most asians are law abiding….check out the police arrest stats and the prison ethnic/racial stats…..the numbers don’t lie….and that’s the Moral Truth!

      • jack tripper

        that is definitely Moral and the Truth. Holy cow! you are so moral!!

      • badman

        Moral truth is a ching chong chinaman

  • Craig Michaels

    If that was her opinion, so be it. In California, racist attitudes are allowed in our jury system. Time to get with it new york, and that judge needs a spine.

  • jaypee

    This judge is out of bounds and he will get in trouble for abuse of power. Maybe she doesn’t like these people. That’s okay by me. I have my felling towards certain groups myself. Just as other groups still dislike whites. Look at the Black panthers and their diatribe.

    She has a right to speak her mind constitutionally. The judge violated her rights. Politic correctness is out of hand . It is okay to dislike different groups of people .

    Too bad for the sensitive liberals.

    She should get a good civil rights attorney and sue him and the State.
    She must act quickly since there is a 90 day rule to submit a Notice of Intention with State cases.

    • bill

      So quick with the advice. Read the story stupid …. its a Federal Judge in a Federal court room. Not a State case.

      • Rodin

        Does it make any difference?

      • Ryan Whitaker

        “State” can also mean government in a generic sense, btw.

  • New yorker

    Like many ASian people I know. They like to take advantage of our system. They want to.become americams but dont repect the laws

    • HP

      New Yorker,

      Americans, not americams. Go to school.

      • NEW YORKER

        Don’t worry I will type americans 100 times so I don’t make the same mistake again…… HAPPY NOW????? I was typing from my phone you silly HP.

      • ham07

        @ New Yorker
        What does asian have to do with it. She didn’t want to do jury duty. Ever been on a panel, more than 3/4 of the panel will say anything to get out of getting assigned a case. She was not tactful. Has nothing to do with Asians not respecting the law etc. Every non Asian I know doesn’t respect the law either when asked to do their obligated jury duty. I think you are more racist than she.

  • Rodin

    I LOVE HER!!!

    (…and I’m Hispanic)

    • white man

      I love you! mamacita!!

    • TOM

      FREEDOM OF SPEECH PEOPLE !!!!! THAT IS WHY HALF THE WORLD WANT’S TO COME HERE !!!!! I MAY NOT AGREE WITH YOU BUT I WIL LFIGHT TO THE DEATH YOUR RIGHT TO SAY IT !!!!!! FREEDOM IS NOT FREE

      • Julie

        Amen! This women exercised her freedom of speech. I am retired military and I have defended my country and it’s people. At least we are free to express ourselves even if others don’t like what we say. Open your mind and perhaps you may learn something from an opposing opinion.

  • Jen

    Being a racist is of course distasteful but it is not against the law. The judge should be held in contempt for violating her civil rights. She should also file a suit against him. The judge is suposed to be a judge-not a dictator.

    • Joe

      why is it distasteful?

  • melektaus

    The only people benefiting from having such a moron on the jury will be the prosecutor.

  • John Tse

    I’m glad the judge throw the book at her, she deserved it. It is a privilege to be an American citizen, we have to do our civil duties regardless of race or creed. She is a disgrace to the Asian community, Asians will be looked down upon if they keep ducking their civil duties. We are busy with work and other activities, but that no excuse. I am Chinese-American myself

    • Ryan Whitaker

      John: She DID her civil duty! She responded to the jury summons and questionnaire. She answered honestly. The judge dismissed her from jury duty. Nothing uncivil about any of that. What did she do to deserve to have the judge throw the book at her? Express her personal beliefs? What law dictates our personal beliefs? It is also the privilege of American citizens to believe and say what they want. Would you have preferred she lie to the judge just so she could serve on the jury? How would you like it if a potential juror lied just so he/she could sit on a jury deciding your fate?

  • African Bone

    The Asian woman, has not gotten a piece of the African Bone, yet. As soon as she does, she will come to love the fellas

    • white woman

      That sounds tempting………….now you have me curious African Bone. Is your bone bigger than the white man? I hear it is

  • Curmudgeon

    No matter your race, would you want this woman sitting injudgment of you? She is not fit to serve jury duty.
    The judge has abused his power. He cant have the authority to force her to come to the court house every day.

  • ertdfg

    Andrew, Alexa, really?

    We need a country where any member of the government can detain any person without due process for any reason without criminal activity or charges? You want this?

    Fine, I’ve got to become a Judge; I’ve always wanted to keep someone licked up inn my basement; this would make it legal… right? Or is it only when you agree with the action that it should be legal, constitutional, and reasonable to hold someone without due process?

  • Shanita

    I think the judge did the right thing because just “maybe” by sitting on the jury every day during various trials, and hearing the various circumstances in peoples lives will open her eyes to see “why” people (of various races) are or become the way they are. Nobody is the (negative) way they are for just no reason. Something happens to them at some point in their lives (usually childhood) that causes them to become the way they are, and if all we ever do is just look in from the outside and never really try to understand, but be quick to judge, then we are no better. Also, maybe the judge should have tried to find out why this lady feels the way she does.

    • Rodin

      None of the judge’s business.

      “Shanita”? African American, I take it?

  • DR. MENGLE,GOT TWINS?

    OK..LISTEN AND READ THIS IN A SOUND REAL TIME MIND..SHE IS ASIAN..YOUNG..EDUCATED I BET..SH JUST SPOKE THE TRUTH..SHE SHOULD HAVE ASKED THE JUDGE…WHO ARE THE PEOPLE WHO ARE IN JAILS ALL ACROSS TH UNITED SNAKES..OR IN JST NYC…HOW MANY ASIANS JUST IN NYC ARE THERE IN JAIL..WHAT 7..MAYBE 10..7..BLACKS..7,000..HISPANICS 14,000..THESE MAY NOT BE THE REAL STATS..BUT ITS THAT KIND OF RATIO..WHITE PEOPLE SEVERAL THOUSAND..BUT MOST ARE RUSSIAN…SO NOW WE KNOW WHOM ARE PROBLEM…NOW IMAGINE IF SHE WAS ON THE JURY..THINK SHE WOULD NOT WANT TO SEE THESE PEOPLE HUNG..OR ELECTROCUTED..I KNOW I WOULD..THESE ANIMAL MISFITS ARE WHAT MAKE LIFE DANGEROUS IN NYC..AND THATS WHY I LIKE ASIANS..THEY TAKE CARE OF THEIR OLD AND ESPECIALLY THEIR YOUNG..THEY GO TOO SCHOOL..AND TAKE IT SERIOUSLY..I KNOW I DID..I WAS BORN HERE..I TOOK ADVANTAGE OF THIS ONCE GREAT EDUCATIONAL SYSTEM BACK THEN… ALL I SEE ARE MORE IDIOT IMMIGRUNTS COMING TO STEAL EVERYTHING NOT NAILED DOWN..YOU CAN NOT EDUCATE A STONE YA KNOW..

    • khayce

      statistically caucasians due to priviledge and entitlement have over generations dominated the criminal and welfare systems in where it was created current stats couldn’t compare. the point i was born african american and raised east new york brooklyn cypress hills projects took full advantage of the educational system here and currently a writer; and it’s people like yourself and this young lady that begs to question in a city so diverse why are you here if your unhappy. it isnt like its going to change for you or her. obviously by your response and thank you for your honesty; this great educational system that you learned from; not surprisingly did you a disservice. as a recommendation the next time you need to share a thought to which you are well within your right to do dont sound so ignorant while doing it.

  • alanwillingham

    This woman is not acting like proper sheeple are supposed to act in the New Liberal Utopia…. She is apparently still clinging to some old fashioned notion of First Amendment guarantees meant to protect an individual’s right to express unpopular thoughts and beliefs…. Anyone who does not parrot the current Politically Correct talking points must be vilified, ridiculed and subjected to whatever punishment may be required to force compliance…. This is why we have judges… to subjugate the population and dispense with the US Constitution in accordance with the pronouncements of the Uber Elite Masters to whom all mere mortals must bow

    • bill

      sheeple?

      • Rodin

        ? x 2

  • Auburn Dale

    Of course, the judge is forcing her to be fired from her job and thus permanently (at least in this economy) depriving her of an income.

  • terry

    the judge is wrong,if they did that to me they would hve a hung jury every time and Id tell the judge that and she should apeale

    • Andrew

      Terry, you are a special case of person that believes that the Constitution is just a picece of paper that allows you to spew this kind of vomit. I hope you do have to serve jury duty, and that the judge holds you in contempt and keeps you in jail until he or she feels ready to let your pathetic excuse of a corpse out.

      • ertdfg

        Andrew, you are a special case that wants a fascist dictatorship where a person can be held indefinitely without due process.

        You were clearly born in the wrong country… can I help get you back to North Korea where you will be happier with a government that can arrest or kill anyone without any legal justification required?

        Or am I wrong? Do you just support all forms of kidnapping instead of fascism and a dislike for any type of due process? I don’t want to put words into your mouth; why are trials bad and a Judge unilaterally and indefinitely detaining someone without due process is good?

  • Alexa

    I think she’s both racist and wrote that because she figured she could get out of jury duty by appearing overtly prejudiced. The judge was right. She should go to court so she doesn’t get her way and so she can learn about the hard work that’s carried out by the court system.

    • jk

      she was just being honest. who actually likes, african americans, hispanics and especially haitians!!!

    • RAB

      Not only does she need to learn the valuable lessons of serving on a jury, it also underscores the basic problems we face today. For anyone to stoop to that level of behavior shows how little respect they have for the very hard-fought battles of the past, just so we can participate in a real democracy. This is the real thing folks. You get an opportunity to play a vital role in executing government for and by the people. The Asian lady needs to learn that this is not just the land of opportunity, but it’s opportunity that broke many backs of our forefathers and mothers…opportunity that she and her ilk should come to recognize and treasure.

      • ertdfg

        So RAB she should learn that a Judge can ignore the law, due process; and hold anyone indefinitely because a Judge is like a Fascist Dictator of a country with full control over life and Death?

        I don’t respect that; and I’m not going to pretend to. If the Judge doesn’t have the respect for the law to follow due process and either charge her or release her than the law has no meaning to him. If he has no respect for the law, why should I have respect for his as a Judge?

        She should respect this “opportunity”?

        The Opportunity to be held against her will by a single government official, deprived of a trial or due process, and given the choice to obey or be held for life? I’m thinking there are a lot of countries where you can have that “opportunity”… I don’t think it’s quite as rare and special as you seem to think it is…

      • comentator

        “…opportunity that she and her ilk should come to recognize and treasure…” – or, if not, should she be arrested or stoned or what?

      • Ryan Whitaker

        Sheeesh, RAB. How do you know she doesn’t respect the opportunities this country offers? That is irrelevant to this matter. She responded to a jury summons – respect. She answered the jury questionnaire – respect. She showed up at the appointed time – respect. She responded honestly and truthfully to questions from the judge – respect.

        She did not do anything wrong at all! She is not under any legal duty to think or believe in a prescribed way. The judge had no authority to punish her for her opinions or beliefs. Her First Amendment right to free speech did not end when she entered the court.

        I’ll enjoy my First Amended right by saying I think that judge is a pompous, imperial ass who is not worth the price of the toilet paper he uses to dab in his opinions!

    • ertdfg

      The Judge would have been right to hold her in Contempt of court. that’s a criminal act, she would have had the option of a trial, an appeal, and due process.

      Unilaterally deciding that as Judge he has supreme power to hold her indefinitely against her will without even the accusation of a crime, much less due process… that doesn’t seem right.

      Giving a Judge Absolute Power over all people seems like it might end up badly. Requiring them to follow the laws and the legal system along with everyone else doesn’t really seem like too much to ask for, does it?

      • Ryan Whitaker

        I agree, ertdfg. Once the judge dismissed her from jury duty, the court’s personal jurisdiction over her ended. Judges may only issue orders to people for whom the court has acquired jurisdiction. Once she was dismissed, she had no duty to return unless she was summoned again. This judge needs to take a refresher court in basic procedure!

    • Ryan Whitaker

      Racists are also entitled to their First Amendment rights! Just ask Farrakan, Pastor Wright, or Charlie Rangel!

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