[Colorado-talk] question as to whether a legally blind jurortainted a criminal trial

melissa Green graduate56 at juno.com
Wed Dec 17 08:46:26 UTC 2008


I agree.  Her blindness shouldn't have any thing to do with the outcome of the
trial.  She wasn't the only juror to vote for conviction.  I think that they are
just grasping at anything to get this conviction overturned.  I know that I
wasn't asked if I was blind when I have been summoned for jury duty.
I remember the first time I was called to jury duty.  It was after we had gotten
the law past that blind people could serve on juries.  I told the jury
commissioner, and she said that it was fine and that she would contact denver to
find out how to handle it.  Unfortunately, I became very ill and was excused.
But I was very please that the jury commissioner was willing to investigate how
to handle my serving on the jury.
Best regards,
Sincerely,
Melissa R. Green
Hold on to your dream and it shall be well with you.

-----Original Message-----
From: colorado-talk-bounces at nfbnet.org [mailto:colorado-talk-bounces at nfbnet.org]
On Behalf Of George McDermith
Sent: Wednesday, December 17, 2008 12:22 AM
To: NFB of Colorado Discussion List
Subject: Re: [Colorado-talk] question as to whether a legally blind jurortainted
a criminal trial

    I am inclined to agree with the juror that her blindness had no real 
impact on her involvement.  I find the questioning quite in line with the 
typical stereotypes found in the society in general.  Most unfortunate.
----- Original Message ----- 
From: "Chris Foster" <cfoster at nfbco.org>
To: "NFB of Colorado Discussion List" <colorado-talk at nfbnet.org>; "Colorado 
Association of Blind Students Mailing list" <cabs at nfbnet.org>
Sent: Tuesday, December 16, 2008 9:50 AM
Subject: [Colorado-talk] question as to whether a legally blind jurortainted 
a criminal trial


> Hello Listers,
> I would invite you to read the below article out of Grand Junction.
> While there are a lot of missing pieces to the puzzle, this article may,
> yet again, call in to question how we as blind people serve on jurries.
> Of course, we know that we can and should serve.  However, a defense
> team is working to use a juror's blindness to upset an entire trial.
> I'll look forward to everyone's thoughts and opinions.  Chris Foster
>
>
>
>
> <http://www.gjfreepress.com/assets/pdf/GJ590811214.PDF> Blagg Motion
> for New Trial
> GRAND JUNCTION, Colo. - Attorneys early next year will take up the
> question of whether a legally blind juror tainted Michael Blagg's 2004
> murder conviction.
>
> In a telephone conference Friday morning with Chief Judge David Bottger,
> parties agreed to meet again Feb. 17 to schedule a hearing date.
>
> Assistant Mesa County District Attorney Rich Tuttle will handle the
> issue for the District Attorney's Office. Blagg will be represented by
> Brian Conners and Tina Fang, both state public defenders.
>
> Former public defenders David Eisner and Ken Singer in 2005 sought a new
> trial for Blagg, claiming Marilyn Charlesworth of Orchard Mesa failed to
> disclose her disability during jury selection.
>
> The Colorado Court of Appeals in 2005 said the issue couldn't be
> examined until the appeal process for Blagg's jury trial conviction was
> settled.
>
> The Colorado Supreme Court in September essentially ended that appeal
> process, declining to hear the case.
>
> Blagg, 45, is serving life without parole for shooting and killing his
> wife, Jennifer, at his family's home in the Redlands in November 2001.
> Their daughter, Abby, was never found and is presumed dead.
>
> According to the 2005 motion from Eisner and Singer, Charlesworth
> allegedly told other jurors on the Blagg panel that she was legally
> blind.
>
> "She couldn't see a lot of the stuff that they presented, like the
> pictures, and that stuff, that were shown, she couldn't see those unless
> they were right in front of her."
>
> The motion said an investigator with the public defender's office
> interviewed Shirley Kreutzer, a court bailiff during Blagg's trial, who
> claimed Charlesworth at one point asked her if she could move from the
> back row to the front in the jury box where she could see better.
>
> Kreutzer reportedly asked Charlesworth if she'd made her vision problems
> known.
>
> "... Ms. Charlesworth stated that she didn't consider the fact that she
> was legally blind to be a handicap," the motion said.
>
> Reach Paul Shockley at  <mailto:pshockley at gjfreepress.com>
> pshockley at gjfreepress.com
>
>
> _______________________________________________
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