Date: Thu, 22 Aug 1996 09:23:18 -0600 (MDT) From: Jury Rights Project <[j--g--s] at [WelcomeHome.org]> Subject: ** Colo. Judge Threatens Juror ** Net Activism Alert: This is not a test. Please distribute this announcement and post to Usenet groups freely. **** Colorado Judge Threatens Juror **** Distributed by the Libertarian Party of Boulder County Judd Ptak Paul Grant Libertarian Party of Boulder County Defense Counsel Box 663 P.O. Box 1272 Nederland, CO 80466 Parker, CO 80134 (303) 258-3457 (303) 841-9649 [judd ptak] at [kr-bbs.com] [p k grant] at [ix.netcom.com] Gilpin County, Colo. --- In a case that threatens to destroy trial by jury, a Gilpin County judge has charged a juror with contempt of court for deliberating "improperly" in a jury room. The prosecution of this juror threatens the very foundations of American justice by inquiring into confidential jury deliberations and forcing jurors to testify against each other. The juror is Laura Kriho, a Gilpin County resident, who was summoned for jury duty on May 13. Ms. Kriho was seated on the jury in the case of a 19 year old female defendant charged with felony possession of a controlled substance (methamphetamine). Ms. Kriho and the other jurors listened to 2 days of testimony on the case and were sent to the jury room to deliver a verdict. The jury was hung on the possession charge. Eleven jurors wanted to convict the defendant, but Ms. Kriho said she had reasonable doubts that the defendant was guilty. The deliberations in the jury room reportedly became very heated. Ms. Kriho claims several of the jurors began verbally attacking her and ridiculing her reasonable doubt. One juror sent a note to the presiding judge, Kenneth Barnhill, alleging that Ms. Kriho had told the other jurors what sentences the defendant would face if convicted. Based on this note, and with no other investigation, Judge Barnhill declared the jury had been tainted and declared a mistrial. On July 19, Ms. Kriho received a citation for contempt of court. The citation alleges that Ms. Kriho should be held in contempt of court for 1) disobedience to an order of the court, 2) obstructing the administration of justice, and 3) committing perjury by lying under oath to the Judge and the attorneys. The citation alleges that Ms. Kriho disobeyed a court order by discussing sentences in her deliberations. The Judge had instructed the jury to deliberate only on the facts of the case and not to consider sentences. However, Ms. Kriho insists that she ultimately voted to acquit because she had reasonable doubts as to the defendant's guilt based on the facts of the case as presented by the prosecution. The prosecutor in the case, James Stanley, apparently was so angered at Ms. Kriho's alleged behavior in the jury room that he had an investigator look into her background. The investigator uncovered the fact that Ms. Kriho had received a felony drug conviction in 1984. Ms. Kriho had received a deferred sentence on that charge and says it was her understanding that when she successfully completed two years of probation, the conviction would be wiped from her record as if it had never happened. Ms. Kriho claims she was never asked during voir dire about her arrest record. However, the prosecutor feels she should have volunteered that information without being specifically asked, and now feels that she committed perjury. The investigator also interviewed several of Ms. Kriho's fellow jurors after the mistrial was declared. These jurors alleged that, during deliberations, Ms. Kriho discussed some ideas about jury nullification and the rights of jurors to vote according to their conscience. The jurors also alleged that Ms. Kriho stated an opinion that drug cases should be handled by the family and community, and not the courts. Ms. Kriho believes that she was a fair and impartial juror to the defendant and that she weighed the facts of the case as instructed by the judge. She says she is in shock about the contempt charges. "I tried to do my job as juror well. I had never been on a jury before, and the whole experience was unique and very stressful. Now I feel I am being unfairly singled-out and punished for coming up with the wrong verdict." Paul Grant, who is representing Ms. Kriho in this case, warns that the prosecution of his client threatens to destroy the jury system. "Jurors must be able to deliberate independently of the judge, without the threat of criminal prosecution hanging over their heads," said Grant. This prosecution has the potential to poison the attitudes of citizens toward jury duty even further. Citizens will not only be reluctant to serve on a jury, but fearful of criminal charges as well. Once on the jury, they will be afraid to discuss their true thoughts with the other jurors for fear of prosecution. The right to trial by jury, protected under the Sixth Amendment, was deemed important by our Founding Fathers specifically because it prevents abuses of power by overzealous judges and prosecutors. If jurors are prosecuted for their deliberations, no defendant can ever expect a fair and impartial trial by jury. Ms. Kriho's four day jury trial has been set to begin on September 30. She faces an open-ended prison sentence which could exceed 6 months and an unlimited fine. A legal defense fund has been set up to help pay the legal expenses of this trial. Checks can be made to the: Laura Kriho Legal Defense Fund, c/o Paul Grant, P.O. Box 1272, Parker, CO 80134 What you can do: 1) Donate to the legal defense fund. Legal expenses for this trial are estimated at $10,000. This is a is an important case to all those who value their constitutional rights. It is important to fight it well. Laura Kriho Legal Defense Fund c/o Paul Grant P.O. Box 1272 Parker, CO 80134 (303) 841-9649 Contributions are not tax deductible. All unused contributions will be returned. 2) Solicit donations from others. You could: a) mention the case and defense fund in your next newsletter b) do a mailing to interested people c) organize a fund-raising event in your area 3) If you are an attorney, you can donate time to work on legal motions and research. 4) Help gain local media attention on the case, through letters to the editor, press releases, or local talk shows. Send copies of any letters written or publicity generated to [j--g--s] at [welcomehome.org] for compilation and distribution. 5) Distribute this announcement over the Internet or make printed copies to distribute. 6) Sign on to the statement of support written below. It would be especially beneficial to have organizations who have an interest in this case sign on to the statement of support. If you belong to a group, please bring it up at your next meeting. ***************************************************************** STATEMENT OF SUPPORT The People of the State of Colorado vs. Laura Kriho Case# 96CR91 I/We believe it is wrong to intimidate jurors by filing criminal charges against them for their deliberations in the jury room. I/We believe the right to trial by jury is a fundamental right under the U.S. Constitution and should not be diminished in any way. I/We believe the contempt charge against Ms. Kriho should be dismissed immediately and that no other punitive actions should be taken against her. Date Statement was Endorsed: Name: Organization: Address: City: State: Zip: Phone: Fax: Email: Can we use this endorsement publicly? Yes No ***************************************************************** Thank you for your support!!! Either we all hang together or we'll all hang seperately. ---------------------------------------------------------------- Dr. Tavel's Self Help Legal Clinic and Sovereign Library is the Homepage of R. J. Tavel, J.D Libertarian Mediator Check out the free online legal help with Pro Se manuals, actual pleadings, reference tools, international media contact tools, and more: http://www.iquest.net/~rjtavel "If the Nuremberg laws were applied today, then every Post-War American president would have to be hanged." Noam Chomskey "There are no magic answers, no miraculous methods to overcome the problems we face, just the familiar ones: honest search for understanding, education, organization, action that raises the cost of state violence for its perpetrators or that lays the basis for institutional change--and the kind of commitment that will persist despite the temptations of disillusionment, despite many failures and only limited successes, inspired by the hope of a brighter future." Noam Chomskey For Liberty in Our Lifetime, R.J. 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