Racist, Homophobic Prospective Juror Can’t Be on Jury

By Anastacia Mott Austin

Most people who are called to jury service have probably thought of a few excuses that might help them get out of this civic duty.

But Daniel Ellis, 49, of Cape Cod, Maine, tops them all. Called as a potential juror along with 60 other people to the Barnstable Superior Court Wednesday, Ellis filled out a standard prospective juror form.

Apparently, he included the information that he dislikes gay people, is a racist, and a habitual liar.

According to a court transcript released to the press, the following exchange occurred between court judge Gary Nickerson and Ellis:

Nickerson: "You say on your form that you’re not a fan of homosexuals."

Ellis (interrupting): "That I’m a racist. I’m frequently found to be a liar, too. I can’t really help it."

Nickerson: "I’m sorry?"

Ellis: "I said I’m frequently found to be a liar."

Nickerson: "So are you lying to me now?"

Ellis: "Well, I don’t know. I might be."

One can’t help but wonder, then, if Ellis is really a racist homophobe, or if he is just lying.

Yet he admitted to the judge that he was purposely trying to get out of serving on a jury.

Judge Nickerson then said to Ellis, "I get the distinct impression that you’re intentionally trying to avoid jury service," to which Ellis replied, "That’s true."

"That’s true?" asked the judge. "So you’ve intentionally come in here today and lied to me?"

The irate judge then ordered Ellis into custody. Although he was released a few hours later, he could still face perjury charges.

Though Ellis did not return calls from the press, his mother did state that the facts her son had written on his juror questionnaire were true. "He just answered the question with the way he felt," said Susan Ellis to reporters. "I wasn’t thrilled with what he wrote, [but] what he put down wasn’t necessarily wrong, either."

She added further that if she were the judge in the case, she would want to know such facts about a potential juror. "Even if it may be offensive to some people, I would want to know that," she said, adding, "The whole thing is ridiculous."

On that point Judge Nickerson agreed. During a rebuke recorded in the court transcript, Nickerson told Ellis, "In 32 years of service in courtrooms, as a prosecutor, as a defense attorney, and now as a judge, I have quite frankly never confronted such a brazen situation of an individual attempting to avoid juror service."