Colorado Daily
January 30, 1997
By Becky O'Guin
Months after the trial of a Gilpin County woman cited for contempt of court has ended, the jury has long been in, but a verdict is still out, and that may be in violation of Colorado law.
Gilpin County Court Judge
Henry Nieto said he will be rule on the case against Laura Kriho, a CU
researcher, shortly. But Colorado law states that judges must return a
verdict within 90 days of adjournment of court or forfeit their salary
for the quarter in which the failure occurred. Kriho's trial
ended Oct. 2, with attorneys directed to return briefs supporting their
case to Nieto by Oct. 9.
"We are waiting for the judge to render a verdict, and we have been waiting since the ninth of October," said Paul Grant, Kriho's attorney.
Almost 113 days later, Nieto had not rendered a verdict and had not forfeited his salary. District Court judges make approximately $63,000 annually.
Nieto said he has been working
on the decision and wants to do the best he can. He also said he did not
consider the delay in ruling to be unusual,because it is an unusual case,
and he has to
manage a full docket in Jefferson and Gilpin County. "This is a unique
case," Nieto said.
Kriho was charged with contempt of court after serving as a juror on a drug-possession trial in Gilpin County in July. Judge Kenneth Barnhill called a mistrial and charged Kriho after another juror wrote him a note asking if jurors could bring the defendant's sentence into deliberations.
Kriho said she was being punished
for giving the wrong verdict. She voted to acquit the defendant in the
drug case. The prosecution argued Kriho failed to disclose a prior drug
possession prosecution and her beliefs about drug laws. Other jurors were
called to testify in the case against
Kriho, exposing to the public rarely heard jury deliberations. Her case
received national attention as juror-rights groups rallied to her defense.
It also gained notoriety because the case could set a precedent regarding
the rights of jurors.
Boulder County District Court Judge Joseph Bellipanni said the statute in which a judge's pay would be withheld has never been applicable in Boulder County.
"The routine is you rule the same day or within a few days," he said.
Capp Sehota, a Nederland resident, has been following the case. He said the trial and now the judge's delay in ruling are egregious.
"It is an offensive thing from the word go," Sehota said. "These guys wear the black robe of the law, and they are out of control."
Rick Wehmahoefer, executive director of the commission on judicial discipline,said citizens can file complaints against judges regarding their behavior, but the commission could not rule on the statute.
Joe Vigorito, co-director of the Colorado Legal Eagles, said his organization is considering demanding Nieto's salary based on Colorado Revised Statute 13-5-135, 136.
"He is vilifying that
law," Vigorito said. "We are going to find out if this judge
is into nullifying the law.
Vigorito said judges nullify laws all the time, and for them to "go
after Kriho" for the same behavior is "ridiculous." He added
Kriho's case should have never gone to court because she was never directly
asked questions about drugs during the jury selection process.
"Behind all this, there is a confused court that doesn't know what to do," Vigorito said.
He said if Nieto rules against Kriho, Colorado Legal Eagles hope Kriho's attorney will take the case to the Colorado Supreme Court.
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