Update: Case of Laura Kriho
March 7, 1997
Sentencing Hearing Report
Laura Kriho was fined $1200 at her sentencing today in Gilpin County. Fortunately, no jail time was imposed. The prosecutor asked her to be fined severely because he said Laura was "likely to re-offend." Laura did not make any mitigating statements on her own behalf, however former state Senator Lloyd Casey spoke eloquently for her.
Laura and her attorney, Paul Grant, plan to appeal the conviction. Over 150 people attended her sentencing and a demonstration beforehand. Court TV, local channels 4 and 9, and many print media covered her sentencing. Laura says, "I am thankful they didn't put me in jail. I still feel I would never have been prosecuted had I voted guilty on the jury. I want to prevent this from happening to anyone else again, so we will appeal my conviction."
About all her supporters, Laura says, "Thanks so much to everyone. All the support I have has made this ordeal tolerable. You are the best people in the world. Thanks for being!!!!"
The state now has 30 days to petition the Colorado Supreme Court to hear the case. In addition, Kriho has the right to petition the Supreme Court as well, asking them to throw out her conviction entirely and not remand the case for retrial.
State Attorney General Ken Salazar will make the decision on whether or not to appeal the case. Feel free to contact him with your opinions.
Attorney General Ken Salazar
Phone: (303) 866-4500 ext. 1
Fax: (303) 866-5691
Web: http://www.state.co.us/gov_dir/dol/index.htm
Email: attorney.general@state.co.us
For background information, see our web pages:
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Jury Rights Project <jrights@levellers.org>
Old
Web page: <http://www.lrt.org/jrp.homepage.htm>
New Web page: <http://www.levellers.org/jrp>
To be added to
or removed from the JRP mailing list,
send email with the word SUBSCRIBE or UNSUBSCRIBE in
the title.
The JRP is dedicated to:
* educating jurors about their right to acquit people who have been
accused of victmless crimes and thereby veto bad laws;
* protecting jurors from judicial and prosecutorial tyranny;
* educating citizens about the history and power of juries;
* distributing current news related to jurors and juries
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The state Attorney General is asking the Colorado Supreme Court to
re-instate Kriho's conviction, arguing that the Court of Appeals erred
in barring testimony from fellow jurors about what was discussed during
deliberations. The Court of Appeals decision applied a federal court
ruling (U.S. v. Thomas), which stated that the sanctity of the jury room
should be preserved if there is any evidence a juror is deliberating on
the facts of the case. There was ample evidence the Kriho refused
to convict
based on the lack of evidence in the case. The Court of Appeals
ruled that only outside evidence of Kriho's intent to "obstruct the administration
of justice" could be used as evidence of her alleged contempt.
Paul Grant, Kriho's attorney, is asking the court to throw out Kriho's
conviction completely and not allow Kriho to be retried. Grant argues
that Kriho was not specifically asked any questions during jury selection
about prior contact with law enforcement. He also points out that
the Court of Appeals decision was contradictory, in that the court said
that "any
ambiguity in the questions asked should inure to the benefit of
the juror" but then did not allow Kriho the benefit of the doubt relating
to the ambiguities of the effect of a deferred judgment and of her duty
to volunteer it even if she wasn't asked.
In his cross-petition for writ of certiorari, Grant calls Kriho's prosecution and conviction a "vengeful judicial and prosecutorial attack on an independent-minded juror who was unwilling to support conviction when the trial court and prosecutor felt she should have. Ms. Kriho would never have been prosecuted for her actions had a guilty verdict been returned on all counts. The judiciary and prosecutor must not be allowed to use voir dire to intimidate jurors into following the government line."
The Supreme Court will decide in the next few months whether or not to review the Kriho case. Grant thinks they will. "The issues involved are too important to leave unresolved. The rights of jurors and the related right to jury trial are so important to our criminal justice system that the Supreme Court simply cannot ignore this appeal. I would be shocked if they did not take the case."
Until Kriho's case is resolved, legal rights advocacy groups like
the Jury Rights Project and the Colorado Legal Eagles are advising citizens
who are called for jury duty to ask the court to appoint legal counsel
to represent them throughout jury selection, to advise them on when they
have the right to remain silent and when they have the duty to volunteer
answers to
questions that are not asked. (See "Jury Duty: The Latest Governmental
Mousetrap" http://home.utah-inter.net/don-tiggre/jrp.mousetrap.htm)
Background on the Kriho case: http://www.levellers.org/jrp/kriho.index.htm
Read the Attorney General's petition for writ of certiorari at: http://www.levellers.org/jrp/csc.cert.htm
Read Grant's cross-petition for write of certiorari at: http://www.levellers.org/jrp/csc.crosscert.htm
Read about US v Thomas at: http://home.utah-inter.net/don-tiggre/jrp.usvttoc.htm
Read the full Court of Appeals Decision at: http://www.levellers.org/jrp/coa.opinion.htm
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Distributed by the:
Jury Rights Project <jrights@levellers.org>
Old
Web page: <http://www.lrt.org/jrp.homepage.htm>
New Web page: <http://www.levellers.org/jrp>
To be added to
or removed from the JRP mailing list,
send email with the word SUBSCRIBE or UNSUBSCRIBE in
the title.
The JRP is dedicated to:
* educating jurors about their right to acquit people who have been
accused of victmless crimes and thereby veto bad laws;
* protecting jurors from judicial and prosecutorial tyranny;
* educating citizens about the history and power of juries;
* distributing current news related to jurors and juries
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