from Jury Rights Project, Aug 7, 1998

DENVER - On Monday, August 10, oral arguments will be heard in the appeal of Laura Kriho's conviction for contempt of court as a jury member. Her case has attracted national attention. Legal experts say it is the first time in over 300 years that a juror has been prosecuted based on evidence of how they voted and deliberated in the jury room.

The Colorado Hemp Initiative project is supporting the Jury Rights Project in a demonstration for jury rights and a protest against Kriho's conviction. Court TV will be there to film the demonstration and oral arguments.

Kriho is a long-time member of the Colorado Hemp Initiative Project. She was named High Times Freedom Fighter of the Month in July 1997.

BACKGROUND

Kriho was convicted in February 1997 for contempt of court for failing to volunteer information during jury selection about her political beliefs and background, even though she wasn't asked any questions about those matters. Kriho was investigated after she was the lone holdout on the jury against conviction in the case of a nineteen year old girl charged with possession of methamphetamine in Gilpin County. Kriho had made arguments in the jury room about jury nullification, the power of a jury to acquit a defendant if they think the law is unjust.

Kriho was convicted of contempt of court for obstructing the administration of justice by failing to volunteer during jury selection that she knew about the doctrine of jury nullification, that she was an activist for the reform of cannabis and hemp laws, and that she had been arrested (but not convicted) 12 years previous on the charge of possession of LSD. Because she was not asked any specific questions about these issues, she was cleared of the perjury aspect of the contempt charge. However, the judge ruled that Kriho should have known that her knowledge of jury nullification and her background were important to the selection of a fair and impartial jury and that she should have spontaneously volunteered this information to the court. She was fined $1200.

Paul Grant, Kriho's attorney, says prosecuting jurors sets a dangerous precedent. "Laura's conviction creates a new legal duty in which a juror is obliged to volunteer confessions of any beliefs or experiences they have any thought the court might want to know. The jury system was created as a means for citizens to check the power of their government," he says. "Punishing jurors for their beliefs and speech will destroy the jury system, as will purging juries of all independent-minded jurors. Laura Kriho's conviction must be overturned to protect the jury system."

Oral arguments are scheduled for 40 minutes. The Court of Appeals is a three-judge panel and may take several months after the oral arguments to issue their ruling.

For more information, contact:
Jury Rights Project

"Protecting the jury as the last line of non-violent defense against a repressive government."

Background information and copies of some of the briefs filed in the appeal can be found on the Web:
www.lrt.org/jrp.krihotoc.htm
Fully Informed Jury Association

Case citation:
The People of the State of Colorado v. Laura Kriho, Court of Appeals Case No. 97 CA 700
Appeal from the District Court of Gilpin County, Case # 96 CR 91, Honorable Henry R. Nieto, Judge

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