Source: Boulder Daily Camera (CO) Contact: (303) 449-9358 Website: http://www.bouldernews.com Pubdate: Tue, 11 Aug 1998 Author: Christopher Anderson APPEALS COURT HEARS CASE AGAINST JUROR In a case that could set Colorado legal precedent, an attorney for a former Nederland resident argued before the Court of Appeals on Monday that his client's conviction for contempt of court was unjust. Laura Kriho, who served as a Gilpin County juror in a 1996 drug case, was convicted in 1997 of purposely withholding information during jury selection so she could get onto the jury and influence other jury members to prevent a guilty verdict against the defendant. Taking her case before the Court of Appeals on Monday, lawyers arguments centered on jury nullification, the power of jurors to vote their consciences instead of following the letter of the law. Kriho's attorney, Paul Grant, argued that his client was never specifically asked about her association with a hemp advocacy group that supported jury nullification and she was not obligated to divulge her political affiliations. Kriho also failed to divulge that she has a prior arrest for LSD. She said she had forgotten about it because it happened so long ago and because she was told by the courts that it would be removed from her record. The state's prosecutor said although Kriho was not specifically asked about being part of the hemp initiative, there was a clear tone in the questioning to divulge any biases that would cause an unfair and impartial verdict. Following the 40 minute hearing, Kriho said she fears if the court rules against her, it will make jurors fearful to find defendants not guilty. The court's decision is not expected to be rendered for months. In May 1996, Kriho was selected to serve as a jury member to hear a Gilpin County District Court case that included the charge of unlawful possession of the drug methamphetimine. During jury deliberations in that case, Kriho had obtained information from the Internet on what she believed to be the penalty for possession of methamphetimine and showed it to other jurors. The defense called a mistrial after another juror sent a note to Judge Kenneth E. Barnhill asking whether a juror, later identified as Kriho, could be disqualified for looking up the potential sentence. The note also said the juror was saying court is not the place to decide drug charges. District Court Judge Henry E. Neito found Kriho in contempt of court and sentenced her to pay a $1,200 fine in a plea bargain deal that kept her from serving 90 days in jail. The Court of Appeals did not hear oral arguments on the accusation that she looked up the methamphetamine sentencing, but instead they focused on the jury selection and the right to jury nullification. The court asked whether rape victims who became potential jurors would have to volunteer information about participation in any rape prevention groups. The state's prosecutor said they would, depending on whether there was any intent to prevent a fair verdict. The prosecutor also argued that jury nullification was a de facto result of jury deliberations, not a juror's right. Grant said jury nullification is a political philosophy cherished by early presidents such as Thomas Jefferson and that court's have no right to ask about political philosophies. He asked the court to rule that lawyers be prohibited from asking potential jurors whether they believe in jury nullification. "I do think I was a fair and impartial juror," Kriho said. "I still don't think I did anything wrong." - ------------------------------------------------------------------------ Contributions to help Laura pay the costs of her appeals can be made to: Laura Kriho Legal Defense Fund P.O. Box 729 Nederland, CO 80466 Your support is very much appreciated. - ------------------------------------------------------------------------ - --- Checked-by: (Joel W. Johnson)