Contact: Joe Vigorito, Colorado Legal
Eagles
Email: joe@eagle-access.net
Phone: (303) 258-3990
In what may turn out to be one of the most unfair trials in American history, Laura Kriho has been scheduled for trial on October 1, 1996. Kriho has been charged with contempt of court for allegedly deliberating "improperly" when she served on a jury recently. Former prosecutor and First Judicial District Chief Judge Henry Nieto assigned himself the case last week after the original judge, Kenneth Barnhill, recused himself. In court on Friday, Judge Nieto ruled that Kriho could not have the trial rescheduled to give her adequate time to prepare her defense, that Kriho would not be tried by a jury but by himself, and that the prosecutor probably would not be disqualified from the case. These rulings will make Kriho's trial a mockery of justice.
In the first ruling, the judge denied a defense motion to re-schedule the trial for a later date. Paul Grant, defense attorney for Kriho, argued that the defense had not had enough time to prepare their case. Grant argued that it was a complex case, the "first case like it in the history of the U.S.", and that more time was needed to research and file motions, to interview witnesses, to raise money and to prepare Kriho's defense.
Grant also argued that he needed an opportunity to discover the extent of communications about Kriho's case between the judge and the prosecutor. Grant argued that Judge Barnhill, the original judge who started the contempt proceedings, could not have known which juror to prosecute if he hadn't been communicating with the prosecution. Grant contended that such communications would be an improper compromise of the independence of the prosecution and of the judge and that such cooperation would violate Kriho's right to a fair trial.
In addition, Grant wanted an opportunity
to explore communications about the case among judges in the district.
Grant argued that the prosecution of Kriho seems to be based on theories
espoused by Judge Frederic Rodgers, another Gilpin County judge. Grant
produced an article written by Judge Rodgers which appeared in the summer
issue of the "Judge's Journal". The
article described theories about how to prosecute "obstructionist"
jurors and falsely described Kriho's case. The article may have been written
before Barnhill even signed the contempt citation against Kriho.
Grant pointed out that Judge Rodgers' article proposes a new theory for prosecuting jurors and that theory is contained in the contempt citation against Kriho, further indicating collaboration between the prosecutor and the court. Grant said Kriho has a right to know how Rodgers' theories became the basis for her prosecution.
Grant asked Judge Nieto to compel the state to disclose any communications about Kriho's case between Judge Barnhill, other judges, and the prosecutor. Judge Nieto refused to allow Grant to interview Judge Barnhill about these alleged communications. Judge Nieto said there were "other avenues" for pursuing these allegations and that it was not relevant to Kriho's case.
Jim Stanley, deputy district attorney, opposed the motion to re-schedule the trial, saying it was a very "simple" case and should go forward as scheduled. Judge Nieto ruled in favor of the prosecution, agreeing it was a "simple" case and that it was important to the citizens of Gilpin County to get this case resolved quickly. Judge Nieto said the defense should have had adequate time to prepare and that the case would go forward on October 1. (This was changed from the original trial date, September 30, due to a scheduling conflict of Judge Nieto.)
Grant was surprised that Judge Nieto would not allow him to interview Judge Barnhill to determine the extent of his communication with other judges and the prosecutor. Earlier in the hearing, Judge Nieto had denied a defense request to have expert witnesses testify on jury rights and jury behavior. Grant said, "The judge has already denied us the right to defend Laura against the charge that she had a hidden agenda when she served on the jury by not allowing our expert witnesses to testify. Now they are refusing to allow us to explore their hidden agenda by not allowing us to interview Judge Barnhill."
Defense attorney Grant also argued a motion to disqualify Jim Stanley as the prosecutor. Grant plans to call Stanley as a witness, since Stanley was the original prosecutor on the trial in which Kriho was a juror. Stanley argued he didn't need to testify because everything he ever said at the trial was in the trial transcripts. Grant refused to let his client be "tried by transcript" and offered evidence to Judge Nieto, a witness statement from a juror, that said Stanley had talked to jurors outside the courtroom.
Judge Nieto decided not to rule on the motion to disqualify Stanley, pending an interview of Stanley by defense attorney Grant to determine what, if any, communication Stanley had with other jurors that was not on the court record.
Judge Nieto also denied a defense motion to preserve Kriho's trial by jury. The prosecution had granted Kriho a jury trial on August 16 at her arraignment. Prosecutor Stanley said he had changed his mind since then and now would not seek a jail term of more than 6 months. (According to Colorado's contempt rule, the defendant in a contempt of court proceeding does -not- have a right to a jury trial unless a sentence of more than 6 months might be imposed.)
Defense attorney Grant argued that the prosecution's attempt to withdraw the jury trial was obviously a trial strategy maneuver. Grant also argued that, since 11 other jurors will be testifying against Kriho, that the court should grant her a jury trial so it would have the appearance of fairness to the public. Judge Nieto ruled in favor of the prosecution, denying Kriho a trial by jury. Nieto stated that Kriho should be glad the jail term could not exceed six months.
Kriho said, "To deny me a jury trial leaves little doubt about the outcome of the trial. I can't imagine how I can ever get a fair hearing in front of any judge in this district when they have all probably read Judge Rodgers' article. It looks like they intend to make my case a demonstration case, based on Rodgers' article, so that they will be free to prosecute other jurors who want to acquit based on reasonable doubts."
A motions hearing on Kriho's case has been set for Friday, September 27. At that hearing Judge Nieto will rule one the motion to disqualify the prosecutor. If Judge Nieto rules in favor of the defense, a special prosecutor will be appointed. A continuance would then be granted in the trial to give the new prosecutor time to prepare. Judge Nieto will also rule on other motions entered by the defense.
******* ATTEND LAURA'S HEARING
AND TRIAL ********
It is very important to for Laura to have a large show of support at her
motions hearing and trial. Come be a witness to this mockery of justice.
** Friday, September 27 1:30 pm Motions Hearing
** Tuesday, October 1 8:30 am Bench Trial Begins
Directions to Gilpin County Justice Center
The justice center is located on Colo. Hwy. 46 (Golden Gate Canyon State
Park Road) about a half a mile east of Colo. Hwy. 119. Colo. Hwy. 46 is
about halfway between Black Hawk and Rollinsville on Colo. Hwy. 119.
Please call to confirm that the court appearances have not been re-scheduled.
Gilpin County Court Clerk (303) 582-5522
2) Donate to Laura's legal defense fund. This
is a very important case to all those who wish to preserve the jury system.
Jurors cannot be allowed to be poisoned by the courts with the threat of
prosecution for expressing reasonable doubt and deliberating "improperly".
3) Offers of legal assistance
from serious attorneys can be made to Paul Grant (303) 841-9649.
4) Call these stations and ask them to cover Laura's controversial trial.
Denver Area Television Stations
KWGN (Ind. - Ch. 2) (303) 740-2855
KCNC (CBS - Ch. 4) (303) 830-6464 FAX 830-6380 kcncnews4@aol.com
KMGH (ABC - Ch. 7) (303) 832-0200 FAX 832-0119
KUSA (NBC - Ch. 9) (303) 871-1499 FAX 698-4700
KRMA (PBS - Ch. 6) (303) 892-6666 FAX 620-5600
National Broadcast Media
CNN (404) 827-1500 FAX (404) 681-3578
Court TV ????
4) Write a letter to the editors of these local papers. Mention Laura's
court dates and ask people to come. Letters should be short (200-250 words).
Include your address and phone number.
***** Daily Newspapers ******
Denver Post
1560 Broadway
Denver, CO 80202
Phone: (303) 820-1010
Fax: (303) 820-1369
Email: letters@denverpost.com
Rocky Mt. News
400 W. Colfax
Denver, CO 80204
Phone: (303) 892-5000
Fax: (303) 892-5499
Email: letters@denver-rmn.com
Daily Camera
P.O. Box 591
Boulder, CO 80306
Phone: (303) 442-1462
Fax: (303) 449-9358
Email: news@dailycamera.com
Colorado Daily
P.O. Box 1719
Boulder, CO 80306
Phone: (303) 443-6272
Fax: (303) 443-9357
Email: talbot@bcn.boulder.co.us
Online Edition: http://bcn.boulder.co.us/media/colodaily
Longmont Times-Call
350 Terry Street
Longmont, CO 80501
Phone: (303) 444-3636
Fax: (303) 772-8339
Email: none
**** Weekly Newspapers *****
Weekly Register-Call
Box 609
Central City, CO 80427
Phone: (303) 582-5333
Fax: (303) 582-3932
Email: none
Mt. Ear
P.O. Box 99
Nederland, CO 80466
Phone: (303) 258-7075
Fax: (303) 258-3547
Email: mtn-ear@indra.com
Boulder Weekly
690 S. Lashley Lane
Boulder, CO 80303
Phone: (303) 494-5511
Fax: (303) 494-2585
Email: bweditor@tesser.com
Westword
P.O. Box 5970
Denver, CO 80217
Phone: (303) 296-7744
Fax: (303) 296-5416
Email: editorial@westword.com
5) Copy and distribute this announcement.
Thank you for all your support! A great public outcry can help stop
this mockery of justice and preserve the Constitution for our children.
"I consider trial by jury as the only anchor
ever yet imagined by man, by which a government can be held to the principles
of its constitution." -- Thomas Jefferson (1789)
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