[Vision2020] 06-17-04 CNN: Bryant jury may submit questions to witnesses

Thu, 17 Jun 2004 08:11:09 -0700

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Bryant jury may submit questions to witnesses
Groundbreaking Colorado law takes effect in July
Thursday, June 17, 2004 Posted: 9:42 AM EDT (1342 GMT)

DENVER, Colorado -- When Kobe Bryant goes on trial later this year, jurors will
be allowed to submit questions for witnesses in the sexual assault case under
what is believed to be the first rule of its kind.

The possibility of juror questions in criminal cases is both exciting and scary
to judges and attorneys.

"I'm hopeful this will be beneficial, even though I'm nervous about this. The
reality is, no one knows how this will work," said Scott Robinson, a Denver
criminal defense attorney.

Jurors have been allowed to ask questions in Colorado civil cases for the past
five years, but attorneys say much more is at stake in criminal cases. The rule
takes effect statewide July 1.

How jury questioning will pan out in the Bryant case is unknown. State District
Judge Terry Ruckriegle will have wide latitude in deciding what questions are
relevant from a jury that will be asked to decide if the Los Angeles Lakers star
raped a 19-year-old resort worker last year. (Assessing jury questioning)

Bryant, 25, has pleaded not guilty to felony sexual assault, saying the two had
consensual sex. If convicted, he faces four years to life in prison, 20 years to
life on probation and a fine up to $750,000.

State Supreme Court Justice Rebecca Love-Kourlis, who headed a panel that
studied the issue, said other states have tried the jury question option in
various forms but Colorado is the first to make it a rule.

David Graeven, the president of Trial Behavior Consulting in San Francisco, said
other states are experimenting with ways to involve jurors but agreed Colorado
has the nation's first rule on jury questions.

Most attorneys would rather know what jurors are thinking than guess, Graeven
said Wednesday. Most now have to rely on mock juries or shadow jurors who sit in
on trials and provide attorneys with feedback.

"I want to know what's going on," Graeven said.

Colorado judges will be trained in how to handle the new rule and will be able
to bar questions in cases involving suppressed evidence and other potentially
thorny legal issues. Most are expected to give jurors a chance to participate.

"Jurors for the most part have been responsible. They take the process and their
oaths seriously," Love-Kourlis said.

The rule was adopted after a pilot program ended in 2002 with mixed results.

Jurors in the study said they felt more involved in the trial and the questions
removed some of the doubt in their verdicts. Attorneys said it gave them more
insight into the jury, but also opened up the potential for new challenges. Some
jurors acted like junior Perry Masons.

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<H1>Bryant jury may submit questions to witnesses</H1>
<H3>Groundbreaking Colorado law takes effect in July</H3>
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<P><B style=3D"FONT-SIZE: 14px">DENVER, Colorado -- When Kobe Bryant =
goes on trial=20
later this year, jurors will be allowed to submit questions for =
witnesses in the=20
sexual assault case under what is believed to be the first rule of its=20
kind.</B></P>
<P>The possibility of juror questions in criminal cases is both exciting =
and=20
scary to judges and attorneys.</P>
<P>"I'm hopeful this will be beneficial, even though I'm nervous about =
this. The=20
reality is, no one knows how this will work," said Scott Robinson, a =
Denver=20
criminal defense attorney.</P>
<P>Jurors have been allowed to ask questions in Colorado civil cases for =
the=20
past five years, but attorneys say much more is at stake in criminal =
cases. The=20
rule takes effect statewide July 1.</P>
<P>How jury questioning will pan out in the Bryant case is unknown. =
State=20
District Judge Terry Ruckriegle will have wide latitude in deciding what =

questions are relevant from a jury that will be asked to decide if the =
Los=20
Angeles Lakers star raped a 19-year-old resort worker last year. (<A=20
href=3D"http://www.cnn.com/2004/LAW/06/17/bryant.jurors.glance.ap/index.h=
tml"><FONT=20
color=3D#000099>Assessing jury questioning</A>)
Bryant, 25, has pleaded not guilty to felony sexual assault, saying =
the two=20
had consensual sex. If convicted, he faces four years to life in prison, =
20=20
years to life on probation and a fine up to $750,000.
State Supreme Court Justice Rebecca Love-Kourlis, who headed a panel =
that=20
studied the issue, said other states have tried the jury question option =
in=20
various forms but Colorado is the first to make it a rule.
David Graeven, the president of Trial Behavior Consulting in San =
Francisco,=20
said other states are experimenting with ways to involve jurors but =
agreed=20
Colorado has the nation's first rule on jury questions.
Most attorneys would rather know what jurors are thinking than guess, =
Graeven=20
said Wednesday. Most now have to rely on mock juries or shadow jurors =
who sit in=20
on trials and provide attorneys with feedback.
"I want to know what's going on," Graeven said.
Colorado judges will be trained in how to handle the new rule and =
will be=20
able to bar questions in cases involving suppressed evidence and other=20
potentially thorny legal issues. Most are expected to give jurors a =
chance to=20
participate.
"Jurors for the most part have been responsible. They take the =
process and=20
their oaths seriously," Love-Kourlis said.
The rule was adopted after a pilot program ended in 2002 with mixed=20
results.
Jurors in the study said they felt more involved in the trial and the =

questions removed some of the doubt in their verdicts. Attorneys said it =
gave=20
them more insight into the jury, but also opened up the potential for =
new=20
challenges. Some jurors acted like junior Perry=20
Masons.</DIV></BODY></HTML>

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