Date: Sun, 22 Sep 1996 17:58:22 -0500 To: [iowanor m l] at [commonlink.com] From: "Carl E. Olsen" <[c--l] at [dsmnet.com]> Subject: Kriho Trial to be Mockery of Justice (9/20/96) ACTION ALERT: Please post and distribute this announcement freely! For immediate release: September 20, 1996 Contact: Joe Vigorito, Colorado Legal Eagles Email: [j--e] at [eagle-access.net] Phone: (303) 258-3990 For background info. on the case, email: [j--g--s] at [welcomehome.org] Kriho Trial to be "Mockery of Justice" In what may turn out to be one of the most unfair trials in American history, Laura Kriho has been scheduled for trial on October 1, 1996. Kriho has been charged with contempt of court for allegedly deliberating "improperly" when she served on a jury recently. Former prosecutor and First Judicial District Chief Judge Henry Nieto assigned himself the case last week after the original judge, Kenneth Barnhill, recused himself. In court on Friday, Judge Nieto ruled that Kriho could not have the trial re- scheduled to give her adequate time to prepare her defense, that Kriho would not be tried by a jury but by himself, and that the prosecutor probably would not be dis-qualified from the case. These rulings will make Kriho's trial a mockery of justice. In the first ruling, the judge denied a defense motion to re-schedule the trial for a later date. Paul Grant, defense attorney for Kriho, argued that the defense had not had enough time to prepare their case. Grant argued that it was a complex case, the "first case like it in the history of the U.S.", and that more time was needed to research and file motions, to interview witnesses, to raise money and to prepare Kriho's defense. Grant also argued that he needed an opportunity to discover the extent of communications about Kriho's case between the judge and the prosecutor. Grant argued that Judge Barnhill, the original judge who started the contempt proceedings, could not have known which juror to prosecute if he hadn't been communicating with the prosecution. Grant contended that such communications would be an improper compromise of the independence of the prosecution and of the judge and that such cooperation would violate Kriho's right to a fair trial. In addition, Grant wanted an opportunity to explore communications about the case among judges in the district. Grant argued that the prosecution of Kriho seems to be based on theories espoused by Judge Frederic Rodgers, another Gilpin County judge. Grant produced an article written by Judge Rodgers which appeared in the summer issue of the "Judge's Journal". The article described theories about how to prosecute "obstructionist" jurors and falsely described Kriho's case. The article may have been written before Barnhill even signed the contempt citation against Kriho. Grant pointed out that Judge Rodgers' article proposes a new theory for prosecuting jurors and that theory is contained in the contempt citation against Kriho, further indicating collaboration between the prosecutor and the court. Grant said Kriho has a right to know how Rodgers' theories became the basis for her prosecution. Grant asked Judge Nieto to compel the state to disclose any communications about Kriho's case between Judge Barnhill, other judges, and the prosecutor. Judge Nieto refused to allow Grant to interview Judge Barnhill about these alleged communications. Judge Nieto said there were "other avenues" for pursuing these allegations and that it was not relevant to Kriho's case. Jim Stanley, deputy district attorney, opposed the motion to re-schedule the trial, saying it was a very "simple" case and should go forward as scheduled. Judge Nieto ruled in favor of the prosecution, agreeing it was a "simple" case and that it was important to the citizens of Gilpin County to get this case resolved quickly. Judge Nieto said the defense should have had adequate time to prepare and that the case would go forward on October 1. (This was changed from the original trial date, September 30, due to a scheduling conflict of Judge Nieto.) Grant was surprised that Judge Nieto would not allow him to interview Judge Barnhill to determine the extent of his communication with other judges and the prosecutor. Earlier in the hearing, Judge Nieto had denied a defense request to have expert witnesses testify on jury rights and jury behavior. Grant said, "The judge has already denied us the right to defend Laura against the charge that she had a hidden agenda when she served on the jury by not allowing our expert witnesses to testify. Now they are refusing to allow us to explore their hidden agenda by not allowing us to interview Judge Barnhill." Defense attorney Grant also argued a motion to disqualify Jim Stanley as the prosecutor. Grant plans to call Stanley as a witness, since Stanley was the original prosecutor on the trial in which Kriho was a juror. Stanley argued he didn't need to testify because everything he ever said at the trial was in the trial transcripts. Grant refused to let his client be "tried by transcript" and offered evidence to Judge Nieto, a witness statement from a juror, that said Stanley had talked to jurors outside the courtroom. Judge Nieto decided not to rule on the motion to disqualify Stanley, pending an interview of Stanley by defense attorney Grant to determine what, if any, communication Stanley had with other jurors that was not on the court record. Judge Nieto also denied a defense motion to preserve Kriho's trial by jury. The prosecution had granted Kriho a jury trial on August 16 at her arraignment. Prosecutor Stanley said he had changed his mind since then and now would not seek a jail term of more than 6 months. (According to Colorado's contempt rule, the defendant in a contempt of court proceeding does -not- have a right to a jury trial unless a sentence of more than 6 months might be imposed.) Defense attorney Grant argued that the prosecution's attempt to withdraw the jury trial was obviously a trial strategy maneuver. Grant also argued that, since 11 other jurors will be testifying against Kriho, that the court should grant her a jury trial so it would have the appearance of fairness to the public. Judge Nieto ruled in favor of the prosecution, denying Kriho a trial by jury. Nieto stated that Kriho should be glad the jail term could not exceed six months. Kriho said, "To deny me a jury trial leaves little doubt about the outcome of the trial. I can't imagine how I can ever get a fair hearing in front of any judge in this district when they have all probably read Judge Rodgers' article. It looks like they intend to make my case a demonstration case, based on Rodgers' article, so that they will be free to prosecute other jurors who want to acquit based on reasonable doubts." A motions hearing on Kriho's case has been set for Friday, September 27. At that hearing Judge Nieto will rule one the motion to disqualify the prosecutor. If Judge Nieto rules in favor of the defense, a special prosecutor will be appointed. A continuance would then be granted in the trial to give the new prosecutor time to prepare. Judge Nieto will also rule on other motions entered by the defense. ### What you can do: ******* ATTEND LAURA'S HEARING AND TRIAL ******** It is very important to for Laura to have a large show of support at her motions hearing and trial. Come be a witness to this mockery of justice. ** Friday, September 27 1:30 pm Motions Hearing ** Tuesday, October 1 8:30 am Bench Trial Begins Directions to Gilpin County Justice Center The justice center is located on Colo. Hwy. 46 (Golden Gate Canyon State Park Road) about a half a mile east of Colo. Hwy. 119. Colo. Hwy. 46 is about halfway between Black Hawk and Rollinsville on Colo. Hwy. 119. Please call to confirm that the court appearances have not been re-scheduled. Gilpin County Court Clerk (303) 582-5522 2) Donate to Laura's legal defense fund. This is a very important case to all those who wish to preserve the jury system. Jurors cannot be allowed to be poisoned by the courts with the threat of prosecution for expressing reasonable doubt and deliberating "improperly". Donations to Laura's defense fund can be made to: Laura Kriho Legal Defense Fund c/o Paul Grant (defense attorney) Box 1272 Parker, CO 80134 (303) 841-9649 [p k grant] at [ix.netcom.com] 3) Offers of legal assistance from serious attorneys can be made to Paul Grant (303) 841-9649. 4) Call these stations and ask them to cover Laura's controversial trial. Denver Area Television Stations KWGN (Ind. - Ch. 2) (303) 740-2855 KCNC (CBS - Ch. 4) (303) 830-6464 FAX 830-6380 [k c ncnews 4] at [aol.com] KMGH (ABC - Ch. 7) (303) 832-0200 FAX 832-0119 KUSA (NBC - Ch. 9) (303) 871-1499 FAX 698-4700 KRMA (PBS - Ch. 6) (303) 892-6666 FAX 620-5600 National Broadcast Media CNN (404) 827-1500 FAX (404) 681-3578 Court TV ???? 4) Write a letter to the editors of these local papers. Mention Laura's court dates and ask people to come. Letters should be short (200-250 words). Include your address and phone number. ***** Daily Newspapers ****** Denver Post 1560 Broadway Denver, CO 80202 Phone: (303) 820-1010 Fax: (303) 820-1369 Email: [l--t--s] at [denverpost.com] Rocky Mt. News 400 W. Colfax Denver, CO 80204 Phone: (303) 892-5000 Fax: (303) 892-5499 Email: [l--t--s] at [denver-rmn.com] Daily Camera P.O. Box 591 Boulder, CO 80306 Phone: (303) 442-1462 Fax: (303) 449-9358 Email: [n--s] at [dailycamera.com] Colorado Daily P.O. Box 1719 Boulder, CO 80306 Phone: (303) 443-6272 Fax: (303) 443-9357 Email: [t--lb--t] at [bcn.boulder.co.us] Online Edition: http://bcn.boulder.co.us/media/colodaily Longmont Times-Call 350 Terry Street Longmont, CO 80501 Phone: (303) 444-3636 Fax: (303) 772-8339 Email: none **** Weekly Newspapers ***** Weekly Register-Call Box 609 Central City, CO 80427 Phone: (303) 582-5333 Fax: (303) 582-3932 Email: none Mt. Ear P.O. Box 99 Nederland, CO 80466 Phone: (303) 258-7075 Fax: (303) 258-3547 Email: [m t n ear] at [indra.com] Boulder Weekly 690 S. Lashley Lane Boulder, CO 80303 Phone: (303) 494-5511 Fax: (303) 494-2585 Email: [b--di--r] at [tesser.com] Westword P.O. Box 5970 Denver, CO 80217 Phone: (303) 296-7744 Fax: (303) 296-5416 Email: [e--o--l] at [westword.com] 5) Copy and distribute this announcement. Thank you for all your support! A great public outcry can help stop this mockery of justice and preserve the Constitution for our children. "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution." -- Thomas Jefferson (1789) -------------------------------------------------------------------------- The Jury Rights Project ([j--g--s] at [welcomehome.org]) To be removed from this mailing list, send email. Background info.: http://www.transport.com/~mschmitz/laura.html Donations to support Laura's defense can be made to: Laura Kriho Legal Defense Fund c/o Paul Grant (defense attorney) Box 1272, Parker, CO 80134 [p k grant] at [ix.netcom.com] (303) 841-9649 ********************************************************************** * Carl E. Olsen * [c--l] at [dsmnet.com] * * Post Office Box 4091 * NORML News archived at: * * Des Moines, Iowa 50333 * http://www.commonlink.com/~olsen/ * * (515) 262-6957 voice & fax * [c--l] at [mail.commonlink.com] * ********************************************************************** Reporters and Researchers are welcome at the world's largest on-line library of drug policy material at: http://www.druglibrary.org/