Oral Arguments Scheduled in Juror Contempt Appeal

Monday, August 10, 1998 1:30 pm
State Judicial Building, Court of Appeals Court Room, Fifth Floor
2 E. 14th Avenue, Denver, Colorado

The State Judicial Building is located on the corner of 14th Avenue and Broadway in Downtown Denver. From I-25 South, exit Speer South, take Speer to 14th Avenue, make a left. Parking is available across the street at the Denver Public Library.

PROTEST DEMONSTRATION: 12:30 pm in front of court building. BRING FRIENDS and SIGNS!!!

[Call 303-448-5640 on Aug. 10 to make sure the hearing has not been rescheduled.]

[Denver] -- Oral arguments will be heard in the appeal of the conviction of Laura Kriho, a 34-year-old Gilpin County resident whose case attracted national attention. Legal experts say it is the first time in over 300 years that a juror has been prosecuted based on evidence of how they voted and deliberated in the jury room.

Kriho was convicted in February 1997 for contempt of court for failing to volunteer information during jury selection about her political beliefs and background, even though she wasn't asked any questions about those matters. Kriho was investigated after she was the lone holdout on the jury against conviction in the case of a nineteen year old girl charged with possession of methamphetamine in Gilpin County. Kriho had made arguments in the jury room about jury nullification, the power of a jury to acquit a defendant if they think the law is unjust.

Kriho was convicted of contempt of court for obstructing the administration of justice by failing to volunteer during jury selection that she knew about the doctrine of jury nullification, that she was an activist for the reform of cannabis and hemp laws, and that she had been arrested (but not convicted) 12 years previous on the charge of possession of LSD. Because she was not asked any specific questions about these issues, she was cleared of the perjury aspect of the contempt charge. However, the judge ruled that Kriho should have known that her knowledge of jury nullification and her background were important to the selection of a fair and impartial jury and that she should have spontaneously volunteered this information to the court. She was fined $1200.

Kriho says, "I answered all the questions they asked me truthfully. I didn't lie or try to hide anything. I feel I was prosecuted because I voted not guilty."

Paul Grant, Kriho's attorney, says prosecuting jurors sets a dangerous precedent. "Laura's conviction creates a new legal duty in which a juror is obliged to volunteer confessions of any beliefs or experiences they have any thought the court might want to know. The jury system was created as a means for citizens to check the power of their government," he says. "Punishing jurors for their beliefs and speech will destroy the jury system, as will purging juries of all independent-minded jurors. Laura Kriho's conviction must be overturned to protect the jury system."

Oral arguments are scheduled for 40 minutes. The Court of Appeals is a three-judge panel and may take several months after the oral arguments to issue their ruling. We will keep you informed.

Requests for expanded media coverage (cameras or audio recordings) should be made to the chief judge of the appellate court, Judge Klaus Hume, at least 24 hours in advance. Copies of the request should be given to counsel for each party participating in the proceeding. Specific requirements for expanded media coverage can be found in Canon 3 of the Colorado Rules of Civil Procedure. Search for the words "expanded media" on the Colorado Court Rules on the Web site, http://web.intellinetusa.com/stat97/search.htm.

Case citation: The People of the State of Colorado v. Laura Kriho, Court of Appeals Case No. 97 CA 700 Appeal from the District Court of Gilpin County, Case # 96 CR 91, Honorable Henry R. Nieto, Judge.

Judge Klaus Hume Chief Judge
Colorado Court of Appeals
2 E. 14th Avenue, Suite 300
Denver, Colorado 80203
Phone: (303) 837-3785

Paul Grant, Counsel for Laura Kriho (Defendant - Appellant)
19039 E. Plaza Drive, #260E
Parker, Colorado 80134
Phone: (303) 841-9649
Fax: (303) 841-9671

Assistant Attorney General Roger G. Billote, Counsel for the State (Plaintiff - Apellee)
Criminal Enforcement Division
1525 Sherman Street, 5th Floor
Denver, Colorado 80203
Phone: (303) 866-5785
Fax: (303) 866-3955

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