-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

http://cgi.pbs.org/wgbh/pages/frontline/shows/terror/cases/fijnjeletter.html

May 9, 1991

Honorable Janet Reno
State Attorney
1351 NW 12 Street
Miami, Florida 33125

Dear State Attorney Reno,
We, being the jurors of the Bobby
Fijnje case, are writing this letter
in an attempt to clarify and
explain our verdict. In order to
understand the reasoning of our
verdict one must appreciate the
enormous stress and pressure we
experienced from being placed in
such a position. Listening to and
absorbing the hundreds of hours
of testimony over the fifteen
extensive weeks of this trial, only
magnified this stressful and
pressure built situation.

One must understand that it was
not our desire nor our wish to be
jurors in this trial. However, as
concerned citizens we acted
accordingly by our acceptance of
this duty. A duty that, regardless
of what verdict we rendered,
would be without appreciation
and from which extensive
criticism would result.

His Honor's instructions as we
began to deliberate, clearly
stated that we are to presumed
[sic] the defendant's innocence
up to and until the State has
proved otherwise beyond and to
the exclusion of a reasonable
doubt. It was our keeping with
these instructions that led us to
our verdict.

A number of factors that were
raised throughout this trial
provided the defense with a
window of opportunity through
which they passed a measurable
cloud of reasonable doubt. Some
of these factors include, but are
not limited to, the failure of the
police to video tape the
questioning of the defendant on
the day he was arrested. The
failure to have a stenographer
record and have the defendant
sign a written confession. The
clearly leading and suggestive
questioning on the part of the
both child psychologist [sic]
while interviewing the two
children involved. The rape
treatment center's handling of
the two children and having
those findings disputed by a
defense expert.

Furthermore, the contradictory
testimony on the part of the
children themselves also raised
reasonable doubt. There was a
high degree of improbability of
certain allegations raised against
the defendant. For instance,
alleging that he drove a child to
the American Foreign Legion
Hall, when no representative of
that facility saw the defendant
on the premises. And the fact
that no adult ever saw the
defendant drive a car, a task that
he claims he has yet to attempt.

Other allegations have the
defendant taking children were
[sic] there were witches and in
which he dressed as a clown.
Again, no one ever saw anyone
dressed as a witch nor the
defendant as a clown. Further
allegations of have a baby being
killed [sic] and a cat's neck being
broken were unfounded.

It is important here to note that
though we believed something
did happen to the two children in
question, what and by whom
was not certain beyond and to
the exclusion of a reasonable
doubt. And since, as stated
earlier, our task was not to prove
the defendant's innocence but
rather his guilt beyond such a
doubt, we had no choice, in
following the instructions of his
Honor, but to return with a
verdict of not guilty.

Furthermore, we subscribed to
the notion that there may have
been more to this case than we
were allowed to see and hear.
However, no other charges, to
our knowledge and at the time of
our deliberations, had been filed.
As such, our verdict could not be
based upon our suspicions but
solely upon the facts and
evidence as we were allowed to
review. However, we encourage
the State's Attorney's Office to
pursue with an appropriate
investigation and file additional
charges as deemed appropriate.

We further would like to express
our sincere empathy towards the
parents of the two children
involved in this case. As beings
understandably disappointed
with the verdict, we can only
hope that if they are to blame
anyone they blame the faulty
system currently in place in the
handling of [such cases] and not
with we the jury.

It is our hope that this case will
lay the foundation upon which a
set of policies and guidelines are
built. So that when cases of
abuse, especially child abuse, are
alleged, the programs in place
will allow for appropriate
questioning and investigation by
the police, physicians and child
psychologist so as to drastically
reduce the chance[s] of
conflicting testimony and
charges of contamination that
can and will raise reasonable
doubt.

We understand that a portion of
the general public views our
verdict as wrong. Understand
that we were not privies [sic] to
all information concerning this
case. Furthermore, the general
public received its' [sic]
information from the press in the
form of a one minute
opinionated nightly news
segment. We, on the other hand,
based our verdict on the law, and
after listening to and reviewing
the hours upon hours of
testimony on a daily basis for
almost four months.
Consequently, our verdict
stands.

Sincerely,

We The Jurors
State of Florida vs. Bobby Fijnje


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