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Juror Laura Kriho's Conviction --First Conviction
on Newly Created Crime
If you had any doubts that the "War on Drugs" was not getting out
of hand, or that we are not living up to this country's ideals, this should remove
those doubts.
This past week Laura Kriho was found guilty of a newly-created crime. She
was the holdout juror in a drug case. The WOD has eroded our rights more than most
Americans realize, and here is another sad example:
Jury Rights Under Assault
On February 10, 1997, Colorado 1st Judicial District Chief Judge Henry Nieto
found Laura Kriho guilty of contempt of court, for failure during jury selection,
to volunteer information concerning her opinions and experiences. The court found
Ms. Kriho deliberately withheld and concealed her views on drug laws and her own
prior experience with a drug arrest - despite the fact she was never asked questions
on these matters.
STATEMENT FROM PAUL GRANT, MS. KRIHO'S ATTORNEY
A new legal duty has been created in Colorado by the Court in convicting Ms. Kriho:
the duty of potential jurors to volunteer information during jury selection, concerning
their political beliefs and attitudes, and concerning their life's experiences, if
they think the court wants the information - despite the fact they are not specifically
asked pertinent questions.
Laura Kriho is the first person convicted of
violating this newly minted crime of failure to volunteer information during jury
selection. Evidence that Ms. Kriho harbored secret views on the wisdom of the drug
laws was obtained from statements Ms. Kriho allegedly made during jury deliberations.
Ms. Kriho was acquitted of perjury during jury selection, but found guilty of concealing
her beliefs. No longer is it enough to honestly answer the questions you are asked
- now you also have to answer the questions you were not asked, but that you "knew"
the judge wanted answered.
If this new legal duty is affirmed by Colorado's
appellate courts, future jurors will need to be advised of their rights during jury
selection. Even worse, jurors will need to be advised that any statement made during
deliberations may later be used against them in a criminal prosecution, for failure
to volunteer an opinion or experience during jury selection. One wonders
whether Colorado courts will have counsel available for jurors unable to afford a
lawyer.
Laura Kriho's prosecution and Judge Nieto's verdict will have a
chilling effect on jury service and jury deliberations. Fewer citizens will be willing
to serve, and open and honest discussion in the jury room will be suppressed. We
are optimistic that Colorado's appellate courts will reverse Laura Kriho's outrageous
conviction, and repudiate the trial court's attack on the jury system so essential
to the American system of justice.
PAUL GRANT
Paul Grant, Attorney at Law 11911 Highway 83, Suite 205 Parker CO 80134 (303)
841-9649 (phone) (303) 841-9671 (fax) Email: pkgrant@ix.netcom.com
February
12, 1997
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