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Blog Archive

Tuesday, January 20, 2009

Juror dismissed for body odor

This 2006 Boston court case was recently the case of an appeal and typifies what a handicap body odor can be. The appeal was because a lady juror was dismissed for her body odor. It doesn't say what the lady smelt of, but metabolic body odor must be a possibility. It goes to show, at the very least, that society should legally make non-washable body odor a disability.

Prior to the jury being given the oath, the judge dismissed the juror and subsequently made the following findings on the record: "There was a juror seated in seat No. 10, juror 6-5, . . . who I'd made inquiry of earlier. And I just want the record to reflect, I guess, to be blunt, [the juror], for whatever reason, had some very bad, I guess to be blunt again, body odor, which was extremely strong, and I was able to detect in my lobby, as was the clerk, which is a personal matter for that potential juror, but for the fact that her personal problem was [of] such a magnitude that other jurors who had already been picked . . . either by act or words had indicated discomfort with that problem." The judge then addressed the defendant's objection to the juror's removal, stating, "my concern is not her background, but rather that I have [sixteen] jurors who are able to function. And given the strength of the body odor, I'm satisfied that the other jurors would be put at a distinct disadvantage in their efforts to concentrate. So I note your objection, but she has been excused."

http://www.sociallaw.com/slip.htm?cid=18729
The defence attorney said he smelt nothing
Bourbeau says he noticed no odor emanating from the juror. "The report came from the court officer," he says. "There was no note from other jurors."Boston attorney Michael C. Bourbeau, the defense attorney at trial, tells Lawyers Weekly that he found the juror's removal "very offensive. I was very opposed to it; I thought she was a good juror. Everybody should have the opportunity to participate in jury duty."

Bourbeau says he noticed no odor emanating from the juror. "The report came from the court officer," he says. "There was no note from other jurors."
http://www.dolanmedia.com/view.cfm?recID=450150

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