An inside look at jury duty

In November 2004, Eileen Kilbane was one of millions of people across the nation who learned of the tragic killings in Wisconsin’s north woods: Six hunters dead, two injured, and one – Minnesota resident Chai Vang – in police custody. The story was horrifying but, thankfully, very much removed from Kilbane’s life in Madison – or so she thought.

Ten months later, Kilbane, an 11-year court employee who processes appeals as a deputy clerk in the Dane County Clerk of Courts Office and whose closest brush with jury service had been helping with jury management, found herself on a bus bound for Hayward with two weeks’ worth of clothing and a new identity: Juror #185.

Kilbane had wanted to serve, but felt conflicted when chosen. “I’ve worked in a judge’s office for four years, selected juries, performed the duties of the jury clerk, and presently process circuit court cases for the Wisconsin Court of Appeals,” she said. “I have seen how the court system works on a day-to-day basis and thought it would be interesting to see how it works from a juror’s perspective. I was afforded that opportunity with this case, but my husband was leaving for an annual 10-day Canada trip on the exact same day I would have to leave.” She also has two sons, ages 13 and 15, who needed care – not to mention a full-time job.

“Finding someone to stay at our house for 10 days and take on the responsibilities of two teenage boys and all their running, two dogs, appointments, games, etc. was a real trick. Thank God for mothers-in-law,” she said. “And there were also a few hoops to jump through to get my job covered for that amount of time. So I had mixed feelings, but I'm glad I was chosen.”

“Glad” didn’t come to mind when she first got the news that she had been selected to sit on a sequestered jury, 300 miles from home, in a case where security concerns were heightened and the media glare was bright, Kilbane acknowledged.

“The lady sitting next to me had a written excuse from her employer and said she really needed to be excused because it would create a hardship for her employer,” Kilbane recalled. “When the questions were over and they called numbers to stand up, that lady stood. And then they called my number, and I thought ‘great!’ But then they said, ‘The jurors that remain seated are free to go.’ I looked at the gentleman next to me and said something I won’t repeat in print.”

Kilbane said she was impressed with the orientation and voir dire processes. The orientation, she said, was “long, but well organized and very informative.” Voir dire was relatively quick for most of the potential jurors because the group had been assembled just for the Vang trial, and those who were excused were free to go.

Detailed, six-page questionnaires helped speed up the process, Kilbane said, and improved the jurors’ comfort by eliminating the need for personal questions and for individual voir dire.

The jury was chosen on a Thursday and the panel was told to meet downtown at 9 a.m. the next day with enough clothes for two weeks. The five-hour bus ride to Hayward gave the jurors an opportunity to get to know one another.

“We had a great group of jurors,” Kilbane said. “Retired individuals, hunters, computer programmers, young bank tellers, nurses and teachers – a wonderful variety of personalities. We all got along great and have plans to get together for a Packer game.”

They spent their off hours during the next eight days swimming (with bailiffs), taking walks (with bailiffs), watching TV in a common room (with bailiffs), going out to lunch and dinner (with bailiffs) and reading newspapers “that looked like Swiss cheese.”

“It was not real exciting,” Kilbane said. “I finished two books and we generally tried to stay at the restaurants as long as we could just so we could talk – with a bailiff listening to every word. We all felt that the bailiffs were wonderful; they really went out of their way to make us as comfortable as possible under the circumstances.”

When the trial began, Kilbane was immediately impressed with Judge Norman L. Yackel. “I thought the judge was great,” she said. “I felt he was truly grateful for our time and service. He knew it was an inconvenience for all of us. He even thanked the jury for coming back after lunch one day when we took longer than our allowed lunch hour.”

While the defendant, Vang, sat stoically throughout the trial, Kilbane said the witnesses were very emotional. “That was tough. Watching grown men and teenage boys break down on the stand was very hard to watch and not cry.”

When Vang took the stand, Kilbane said his demeanor changed – and his wardrobe was jarring. “He did nothing to help himself,” she said. “He was very loud and angry at times. He also was dressed in bright red silky pants, a red-and white striped shirt and a bright red tie the day he testified. I thought that was a little inappropriate and his attorneys should have advised him better.”

In the jury room, Kilbane said, “One of the jurors suggested that we all bow our heads in a moment of silence for all the victims – meaning the victims themselves as well as the families and friends of the victims and the defendant – and we were all very happy to do that.” Kilbane then found herself nominated as foreperson, but declined to serve in that capacity. The jury spent the bulk of its time discussing who had fired the first shot. When they concluded that Vang had been first to fire a weapon, they reached their verdict on the first count. They then discussed each count so that each victim was represented.

The jury returned to the courtroom with some trepidation, Kilbane said, recalling that she was nervous. But her fears were eased when she saw that 10 armed deputies surrounded the defendant. “That was a sight I will never forget.”

Overall, Kilbane said, the experience left her with a very positive view of the jury system. “I felt honored to serve as a juror, and, all in all, it was a great experience,” she said. “But truth be told, I am glad that I will not have to make such a life-altering decision for at least another four years. All victims of this tragedy will remain in my prayers for years to come.”

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