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:: Wednesday, October 30, 2002 ::

For Colorado Voters

From the Colorado Freedom Report:

Unfortunately, one judge up for a retention vote, Henry Nieto, who now sits on the Colorado Court of Appeals, has done considerable damage to the checks and balances that ensure our liberty. Thus, voters should oust him on election day...
Enter the present case. Laura Kriho has a drug conviction on her record, but was nevertheless selected to serve on a drug-trial jury. She was not asked any direct questions about her past, but was urged to "comment" on the proceedings of the jury selection process. She did not refuse to answer any direct questions to her, but she did not volunteer any information. Thus seated on the jury, she exercised her power of nullification, refused to convict, and the case resulted in mistrial.
Immediately thereafter, Kriho herself was criminally charged, ostensibly not for the act of nullification itself, but with contempt of court for not volunteering her position on drug laws, or her knowledge of jury nullification, during the jury selection process.
The judge who ruled against Kriho was one Henry Nieto, who refused to grant Kriho a jury trial. Judge Nieto clearly opposes the Constitutional power of jury nullification and employed his power as a judge to oppress those who would dare exercise it. In order to be consistent, Nieto, if transported back in time, would also have to charge jurors who released defendants accused of witchcraft or harboring escaped slaves.

:: Walter 7:31 PM [+] ::

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