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: Tenth Circuit Blog

Tenth Reverses New Trial Grant Despite Jurors' Racist Comments

By Shari Allison

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US v. Benally, -- F.3d --, 2009 WL 73893 (10th Cir. 3/23/09) - Rehearing en banc denied of panel decision reversing Utah district court grant of Mr. Benally's new trial motion. There were 4 votes for rehearing - Briscoe, Lucero, Henry, and Murphy. Briscoe writes a dissent joined by Lucero and there is a separate dissent by Murphy and Lucero. A juror came forward the day after the verdict was announced and said that two jurors made racist statements about Native Americans during deliberations. The foreman told the other jurors he used to live near an Indian Reservation and that when Indians get alcohol, they all get drunk and then get violent. Another juror chimed in in agreement. There was jury discussion about the need to send a message back to the reservation...continue to full post

Full post as published by Tenth Circuit Blog on March 25, 2009 (boomark / email).

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