Juror suicide call for more caution with graphic evidence

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At the London, Ontario courthouse, she was just another juror among the 12 who listened to the horrifying evidence about the death of Baby Ryker Daponte-Michaud in a case that ended in mistrial this week. She would walk in and out of the courtroom with the other jurors with dignity and grace.

Once, she noticeably flinched and wouldn’t look when first shown the terrible photographs of the dead child, a reaction that wasn’t unexpected.

The trial abruptly ended without a verdict Monday after the boy’s mother, accused Amanda Dumont, 30, couldn’t continue after having her appendix removed.

Leslie, who said he was shocked and saddened by the juror’s death, suggested the potential jurors needed a thorough vetting by the lawyers about their ability to handle disturbing images and evidence about a dead child.

But her death, mourned by so many, has once again raised the issues surrounding graphic criminal trials and vicarious trauma.

Just last month, a juror from the Michael Rafferty murder trial in the death of Woodstock school girl, eight-year-old Victoria Stafford, came forward to discuss her battle with post-traumatic stress disorder.

“People just don’t know what they are getting into. They are not doing this voluntarily. This is their civic duty,” he said.

If the judge, Crown and defence lawyers recognize the evidence is disturbing, Leslie said more care needs to be put into the jury selection process.

The jury was told several times during the trial and after the mistrial that there was counseling available if they believed they needed it.

Leslie suggested the onus shouldn’t be put on the jurors to reach out for help, but that mental health support should be built into the process.

“Sometimes people feel they are strong enough to deal with it,” Leslie said, adding he’d be surprised if any of the jurors contacted a counsellor.

And jurors, who are told they’re not to discuss the case, should be assured they can discuss it confidentially with a counselor.

London psychologist Peter Jaffe, academic director of the Centre for Research & Education on Violence against Women and Children at Althouse College at Western University, agreed.

“Some cases are going to be so difficult, you shouldn’t have to volunteer for counselling or announce you need counselling. It should be legitimized by building it into the system.

“Certainly, in a situation such as this one, that you know at the outset you’re going to be exposed to graphic images (and) it’s going to be difficult material . . . it should be built into the system,” he said.

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Juror suicide brings call for more caution in trials with graphic evidence | National Post