STATE IS WASTING MONEY ON KRIHO APPEAL

On April 29, the Colorado Court of Appeals overturned the contempt of court
conviction inflicted on Gilpin County juror Laura Kriho, but the state is
appealing this reversal, determined to continue to waste taxpayer money on
a vindictive prosecution.

Laura's conviction came as the result of her refusal to convict a defendant
in a drug case. When it came to the Gilpin County court's attention that a
juror was "improperly" deliberating by discussing the fact that the
defendant could do time in jail, the court declared a mistrial and
investigated this "rogue juror."

The investigation by the prosecutor showed that Laura had, 12 years
previous, received a legal acquittal in a drug possession case that was
supposed to be wiped from her record. Understand that Laura was never asked
any questions about this matter, and even if she had been, she was under
the impression that she wouldn't have to talk about her previous acquittal
since it was supposed to be wiped from her record.

Laura was convicted for not answering questions that she wasn't asked, and
for not volunteering information that wasn't requested, supposedly with
clear intent to get on the jury so she could "obstruct justice" by refusing
to convict a defendant. The jury selection process then becomes a legal
Catch 22. You are responsible for answering all questions truthfully,
whether the questions are asked or not. If you don't answer the unasked
questions, you could go to jail.

Once more we see how the War on (some) Drugs has the effect of
criminalizing a segment of otherwise law-abiding citizens. This time it's
anyone who receives a jury summons!

Journalist John Tierney of the New York Times was recently a jury foreman
in a drug case that could have turned Mr. Tierney into a criminal. He
admitted (in a column after the case) that he was unsettled about the
nature of the mandatory sentencing for small-time offenders. Luckily, the
state's case was very poor, and he didn't have to actually use his
conscience to sway other jurors. But, according to the precedent the state
of Colorado is trying to set with the Kriho case, he should be prosecuted
for not volunteering information during the jury selection process.

If Mr. Tierney or Laura Kriho can be turned into criminals with a jury
summons for a drug case, anyone can. And if the courts can exclude anyone
who is skeptical of the government from serving on a jury, why have juries
at all? Let's bring back trial by ordeal, the medieval practice of
determining guilt by subjecting defendants to torture with fire or water.

The drug war is responsible again for an erosion of civil liberties, and a
jury summons in this environment is an invitation to jail - unless
reactionary judges and prosecutors are identified and removed or
legislation ending the drug war and the erosion of civil rights is passed!

Until such time, we are advising people to request a court-appointed
attorney before answering any questions during jury selection. Even your
Miranda rights don't specify that anything you don't say can and will be
used against you in a court of law. If you'd like more information, you can
contact the Jury Rights Project at: www.levellers.org/jrp or (303) 448-5640.

Capp Sehota
Jury Rights Project
Nederland