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."

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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.
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Checked-by: (Joel W. Johnson)