Ute man granted new trial based on jury bias
Tuesday, December 4, 2007
Filed Under:
Law
A Ute Mountain Ute man has been granted a new trial in federal court because two jurors failed to disclose their "preconceived notions" about American Indians.
On October 10, Kerry Dean Benally, 35, was found guilty of assaulting a Bureau of Indians Affairs officer on the Ute Reservation in Utah. But two jurors came forward and said other jurors talked about alcohol and American Indians.
Juror Karen Cano said the jury foreman stated, "When Indians get alcohol, they all get drunk," the Associated Press reported. Another juror asked "what would happen if we found him not guilty? What kind of message would we be sending back to the reservation?" Cano said.
Based on those statements, Judge Dale Kimball on November 20 called for a new trial. The U.S. Attorney's Office in Utah is considering an appeal.
Get the Story:
Jury's talk gets man new trial
(AP 12/4)
Judge throws out assault conviction, says jurors showed bias (The Salt Lake Tribune 12/3)
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