I have read some reporting and commentary on the Casey Anthony trial, especially in the last few days. Something went wrong there, and I too believe that the little girl died by neglect, maltreatment, or malicious intent. The mother is surely guilty of some serious, serious wrong. Although the stories constructed by the prosecution and the defense seem flimsy, still my sense of how humans behave tells me that the mother harmed her daughter enough that she died, and then with her family’s help she obliterated the physical evidence.
And yet I am not appalled or surprised by the jury’s verdict of “not guilty.” The prosecution’s case was built on circumstantial evidence. The job of a jury is to judge the facts of the case as they have been presented. Were there enough facts?
In 1998, I served as a juror on a criminal trial in Massachusetts. A teenage girl had accused her stepfather of sexually assaulting her, and the Commonwealth of Massachusetts prosecuted him for the charges. Along with my fellow jurors, we found the girl, whose first name was also Jane, to be a totally credible witness, and we believed that she had been harmed by Dennis, her stepfather, and also by her mother, Wendy, who took the stand in support of her husband and undermined her daughter’s testimony.
The case built by the Commonwealth, however, became an exercise in He Said/She Said. The Quincy Police had gathered no physical evidence, no material witness.
In 2003, five years after the trial, I wrote a short account of my experience for a graduate school class on pedagogy at Simmons College. Each of us had to write in response to a prompt that one of our classmates had designed as something s/he would assign to high school or college students in a writing class. The prompt I addressed asked me to reflect on Robert Frost’s poem, “The Road Not Taken,” and describe an experience in my life in which I had had to make a difficult choice. I didn’t pretend to be a high school writer; I wrote the essay [read it here] from my age and experience. Continue reading








