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Wednesday, February 20, 2002



[ THE ARAKAWA VERDICT ]

Jurors admit struggling
over degree of culpability

Half the panel initially supported
a verdict of negligent homicide


By Leila Fujimori and Lisa Asato
lfujimori@starbulletin.com
lasato@starbulletin.com

For jurors in the Clyde Arakawa manslaughter trial, it was never a question of guilt, but rather one of degrees, the jury forewoman said yesterday.

"(It was) such a painful thing for everyone to decide whether it was negligent homicide or whether it was manslaughter," forewoman May Shim said as she left the courthouse.

The decision was "so difficult for all of us and it wasn't a decision that we all made at one time," she said.

The 12-member jury unanimously found Arakawa guilty of manslaughter in the Oct. 7, 2000, traffic death of 19-year-old Dana Ambrose.

While the verdict was read, a juror, who asked not to be named, said she cried because of the relief she felt, like a burden had been lifted from her. "I felt for everybody," she said.

Family members of both Ambrose and Arakawa were present for the entire 13-day trial.

"It's so sad to look at the parents of Arakawa. They look like the age of my parents," the juror said, adding she also felt sorry for Ambrose's parents.

Shim described deliberations as "calm and polite."

Asked what was key in that decision, Shim could not point to one thing, but said: "I think we weighed on all four questions that were asked. They were equally heavy."

Shim said suggestions by the defense that Ambrose caused her own death and may have been taking drugs did not sway many jurors.

"Quite frankly, I think the majority of jurors did not take that into consideration even though that was brought up," she said.

Asked if any juror ever suspected that Ambrose was at fault, Shim said, "No."

However, she later said jurors did spend a lot of time deliberating on who ran the red light.

"We weighed everything, and we did spend a lot of time on that," she said.

Jurors deliberated for about a day and a half.

After the first day of deliberations, jurors were split 50-50 between manslaughter and negligent homicide, but they had a lot more evidence to review, said the juror who asked to remain anonymous. They made sure everyone understood what was presented in the courtroom, even painstakingly calculating speed and acceleration rates, the juror said.

"We had to poll ourselves so many times," she said. "We couldn't come to a snap decision when we're deciding someone's life."

"We hammered out all the points," she said. "I'm really proud of the jury. I wanted to go home with a clear conscience."

After the verdict, 10 of the 12 jurors gathered at Lucarelli's at Restaurant Row to release their bottled-up feelings, she said. "We just had to be with each other.

"Most of us just want to be left alone," she said. "Not that we were hounded by the media, but the emotional cost; it took a toll on our emotions."

Shim said she hopes the end of the trial can help bring closure for the Ambrose family. "We really sympathize with the Ambrose family, and we know that they have suffered for a very long time," she said. "We hope they will continue to find closure and go on with their lives. Time heals."



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