[Denver] -- The state Attorney General and Paul Grant, attorney for Laura Kriho, have both filed petitions for writs of certiorari with the Colorado Supreme Court, asking the court to review the Colorado Court of Appeals decision in the case of former juror Laura Kriho. Kriho had been convicted of contempt of court in February 1997 by Gilpin County District Court Judge Henry Nieto for failing to volunteer answers to questions that were not asked of her during jury selection. On April 29, 1999, the Colorado Court of Appeals reversed Kriho's conviction for contempt and remanded the case for a new trial on the "one remaining allegation" that Kriho intentionally failed to volunteer information about a 12-year-old deferred judgment (legal acquittal) for possession of LSD that was supposed to be wiped from her record, even though she wasn't asked any questions relating to it.

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 th 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

Back to Kriho Case Index

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