People v. Beauvais
Decision Date | 23 October 2014 |
Docket Number | Court of Appeals No. 13CA0665 |
Citation | 405 P.3d 269 |
Parties | The PEOPLE of the State of Colorado, Plaintiff–Appellee, v. Heather BEAUVAIS, Defendant–Appellant. |
Court | Colorado Court of Appeals |
John W. Suthers, Attorney General, Kevin E. McReynolds, Assistant Attorney General, Denver, Colorado, for Plaintiff–Appellee.
Law Firm of Michelle Lazar, Michelle L. Lazar, Denver, Colorado, for Defendant–Appellant.
Opinion by JUDGE FOX
¶ 1 Defendant Heather Beauvais appeals the judgment of conviction entered on a jury verdict finding her guilty of stalking. We remand the case to the trial court with directions that it make additional findings concerning Beauvais's challenge under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).
¶ 2 Beauvais was charged with extortion and three counts of stalking after she repeatedly called, emailed, and sent text messages to a man she had met on the Internet. The jury found Beauvais guilty of one count of stalking under section 18–3–602(1)(c), C.R.S. 2014. Beauvais now contends that the trial court committed reversible error in the jury selection process. She also contends that section 18–3–602(1)(c) is unconstitutional.
¶ 3 Beauvais first contends that the trial court clearly erred by failing to sustain her Batson challenge to the prosecution's use of peremptory challenges to excuse potential jurors on account of their gender. We conclude that the record is insufficient to all us to determine whether the trial court's ruling was clearly erroneous, and therefore remand the matter to the trial court for additional findings.
¶ 4 Batson reaffirmed that purposeful racial discrimination in jury selection violates a defendant's rights under the Equal Protection Clause of the Fourteenth Amendment. 476 U.S. at 85–87, 106 S.Ct. 1712 ; see Fields v. People, 732 P.2d 1145, 1155 (Colo.1987) (applying Batson ). The Equal Protection Clause also prohibits gender discrimination in jury selection. See J.E.B. v. Alabama, 511 U.S. 127, 131, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994) ( ); People v. Gandy, 878 P.2d 68, 70 (Colo.App.1994) (applying J.E.B. ).
¶ 5 Accordingly, the prosecution may not use peremptory challenges to "purposefully discriminate" against potential jurors due to either race or gender. See People v. Collins, 187 P.3d 1178, 1181 (Colo.App.2008). Where a criminal defendant claims the prosecution used its peremptory challenges to excuse potential jurors on the basis of gender, the defendant bears the burden of showing purposeful discrimination. Cf. Purkett v. Elem, 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995) ().
¶ 6 Courts evaluate claims of discriminatory jury selection using the three-step analysis set forth in Batson:
People v. Saiz, 923 P.2d 197, 206 (Colo.App.1995) ; see also People v. Cerrone, 854 P.2d 178, 185 (Colo.1993).
¶ 7 Beauvais challenges the trial court's determination at the third Batson step. At step three, the trial court must review all the evidence to decide "whether the opponent of the strike has shown, by a preponderance of evidence, that the proponent of the strike sought to exclude a potential juror because of a discriminatory reason." Collins, 187 P.3d at 1182. "The decisive question" at this step is whether counsel's gender-neutral explanation for a peremptory challenge "should be believed." Id. ; see also Snyder v. Louisiana, 552 U.S. 472, 477, 128 S.Ct. 1203, 170 L.Ed.2d 175 (2008). In answering that question, the court may consider, among other factors, "the proponent's demeanor, how reasonable or improbable the proponent's explanations are, and whether the proffered rationale has some basis in accepted trial strategy." Collins, 187 P.3d at 1182. The trial court is in a far better position than a reviewing court to make such credibility determinations. Id. Therefore, "we defer to the trial court's factual finding as to whether the defendant proved intentional discrimination, and we review the trial court's ruling in that regard for clear error." People v. Gabler, 958 P.2d 505, 508 (Colo.App.1997) (citation omitted).
¶ 8 At the conclusion of voir dire, the prosecutor used five of the six allotted peremptory challenges to excuse females from the panel of potential jurors.1 Defense counsel used all six peremptory challenges to dismiss male potential jurors from the panel. The final jury consisted of nine male jurors; three female jurors; and one alternate juror, a female. Defense counsel raised a Batson objection, and the trial court determined that the defense had established a prima facie case of discriminatory jury selection. The prosecutor initially expressed surprise that Batson prohibited gender discrimination in jury selection, saying, The prosecutor then gave the following gender-neutral explanations for the challenges:
¶ 9 The court took a brief recess to consider the issue, and then denied the Batson challenge. Because there is insufficient information in the record to determine whether the court's ruling was clearly erroneous, we must remand the matter to the trial court.
¶ 10 The record reveals that the prosecutor used two peremptory challenges to excuse women, S.B. and J.T., whom it had failed to question during voir dire. In Gabler, a division of this court explained that a prosecutor's failure to question potential jurors of a protected class before excusing them "raises the inference of purposeful discrimination." 958 P.2d at 508.
¶ 11 Moreover, here, the prosecutor's questions to the other challenged prospective jurors revealed little, if anything, that would form the basis for a peremptory challenge under "accepted trial strategy." See Collins, 187 P.3d at 1182. A.B., L.G., and K.G. all stated that they would listen to the evidence presented at trial and render a verdict based on that evidence and the court's instructions. Nevertheless, the prosecutor excused all three women for reasons that seem largely unrelated to the issues in the case. We acknowledge that, in explaining its peremptory challenges after a Batson objection, the prosecution need not provide an explanation that would justify a challenge for cause. See Cerrone, 854 P.2d at 189. But "implausible or fantastic justifications" for a peremptory strike are generally not sufficient to overcome an inference of purposeful discrimination. Purkett, 514 U.S. at 768, 115 S.Ct. 1769.
¶ 12 Some of the reasons the prosecutor offered for excusing female potential jurors—that they were young, had no children, failed to volunteer answers to questions posed to the panel, had connections to law enforcement officers, and had personally witnessed or experienced stalking—applied equally to many male potential jurors in the venire:
Yet, the prosecutor did not challenge any of the above male potential jurors.2 "A prosecutor's disparate treatment of prospective jurors who, but for their race [or gender], have similar and allegedly objectionable experiences, is pretextual." Gabler, 958 P.2d at 508. Thus, this prosecutor's...
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