For the second time, the
U.S. Supreme Court has refused to hear
Benally v. US, a jury bias case involving a member of the
Ute Mountain Ute Tribe.
Kerry Dean Benally was convicted of assaulting a
Bureau of Indian Affairs officer on
the Utah portion of the Ute Mountain Ute Reservation. After the trial, a juror
came forward and said other jurors -- including the foreman -- made racial
comments about American Indians, alcohol and crime.
Juror Karen Cano testified that the foreman stated, "When Indians get
alcohol, they all get drunk," the Associated Press reported in December 2007.
Another juror asked "what would happen if we found him not guilty? What kind of
message would we be sending back to the reservation?" according to Cano.
Based on the information, a federal judge ordered a new trial but the
10th Circuit Court of
Appeals reversed. Benally asked for a rehearing but a majority of judges on
the court rejected the request in March 2009.
Later that year, the Supreme Court refused to hear the case. After another trip to the 10th Circuit, Benally again asked the justices to intervene but they declined in an
order list released on Tuesday.
Get the Story:
Racial bias involving Utah tribal member won’t go before high court
(The Salt Lake Tribune 10/14)
10th Circuit Decisions:
US v.
Benally (March 23, 2009)
US v.
Benally (March 4, 2011)
Related Stories:
Supreme Court won't hear Indian man's jury bias case
(12/1)
10th Circuit denies
rehearing in Indian jury bias case (3/24)
10th Circuit blocks new trial in Indian jury bias
case (11/14)
10th Circuit to hear jury
discrimination case (8/20)
Ute man
granted new trial based on jury bias (12/4)
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