“During the jury selection process, one of the prospective jurors disclosed on her juror questionnaire that her husband was the trial judge. This was Juror L.E., also known as Juror 25.”: https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2018/18SC686.pdf
“Aware that his wife was one of the prospective jurors, the trial judge told the prosecutor and defense counsel, before the prospective jurors entered the courtroom, to “[b]e nice to Juror 25. My dinner is on the line.””
“[PROSECUTOR]: Do any of you know each other? . . . One time I asked that question and some guy said that’s my wife. There was a husband and a wife on a jury. I kind of bring that up because Ms. [E.], [the trial judge] is your husband?
[JUROR 25]: Yes.
THE COURT: Lucky you.”
“[PROSECTUOR]: I never had that one before. I had my boss’s wife on a jury once for a little bit. Ms. [E.], good morning. Is there any reason that you don’t think you could be fair if you ended up on this jury?
[JUROR 25]: No.”
“THE COURT: Quite frankly, I don’t know that I’ve ever heard of a sitting judge having a spouse or family member on the jury. There’s nothing wrong with it. I think she’ll be a fine juror. I have not spoken to her about this case. I will call my son who lives with us and I will..
.. tell him that. I will also tell him that he can’t make any comments to his mother about being on this jury. I don’t want them to have any discussion. Anything else?
[DEFENSE COUNSEL]: I think we’re both afraid to challenge her. THE COURT: That wasn’t a stupid idea. Thank you.”
“Juror 25 stated that she had a question. The judge responded, “After both sides have had the opportunity to ask all questions, then you can ask that.” After Juror 25 indicated she understood, the judge remarked, “I said no to my wife.””
“Then, immediately before dismissing the jury on the first day, the trial judge asked Juror 25, “What are we having for dinner?” Juror 25 responded, “Chicken from last night,” to which the judge replied, “Sounds good.””
“defense counsel alluded to Juror 25 in his closing argument: “We didn’t bring you here but this has taken you away from your work. It’s taken you away from your families and your children. It’s taken you away from your spouses. Not everyone has been taken away.” This prompted...
...Juror 25 to state “I’ve spent more time with him this week than usual.” The trial judge responded “You forced her to spend more time with me which is worse.” Before continuing with his closing argument, defense counsel commented, “That is unique in jurisprudence in Colorado.””
“THE COURT: What am I getting tonight? We’ll get the teriyaki.
[JUROR 25]: Chicken.
THE COURT: I’m getting chicken again? Oh God. Get back here at 8:30 and be ready to roll. I’m sorry to have kept you so late. Questions? Thank you. Drive carefully on the way home.“
Colorado Supreme Court dismissed the appeal with one dissent.
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