People v. Christopher
| Decision Date | 05 June 1995 |
| Docket Number | No. 94SC191,94SC191 |
| Citation | 896 P.2d 876 |
| Parties | The PEOPLE of the State of Colorado, Petitioner, v. Stephen C. CHRISTOPHER, Respondent. |
| Court | Colorado Supreme Court |
Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Eric V. Field, Asst. Atty. Gen., Crim. Enforcement Section, Denver, for petitioner.
David F. Vela, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, for respondent.
We granted certiorari to review the court of appeals decision in People v. Christopher, 879 P.2d 426 (Colo.App.1994), which concluded that the trial court abused its discretion in failing to replace a juror, who inadvertently failed to disclose her passing acquaintance with a key prosecution witness during voir dire, with an alternate juror. We hold that the trial court did not abuse its discretion in determining not to replace the juror, Susan Digeser, with an alternate juror since the juror was able to fairly evaluate the credibility of Officer Peggy Moran's testimony and could reach an impartial verdict based on the evidence. We therefore reverse the court of appeals and remand with directions to consider any unresolved issues.
The defendant, Stephen C. Christopher (Christopher), was convicted by a jury of unlawful sale or possession of a controlled substance. Peggy Moran, an undercover police officer with the Denver Police Department, to whom the defendant sold a package containing cocaine, was the principal witness for the prosecution at trial. 1
Trial to a jury commenced on September 17, 1990. During voir dire, the trial judge asked the prospective jurors if anyone knew the four prosecution witnesses who would be testifying at the trial. The witnesses' names were disclosed to the jury and none of the jurors responded.
Following jury selection, Officer Moran appeared in court and was introduced to the jury as the prosecution's advisory witness. Subsequent to opening statements and prior to the testimony of the first witness, Digeser disclosed to the bailiff that she recognized Officer Moran as a former neighbor. Digeser explained that she did not recognize Officer Moran's surname during voir dire and did not realize the officer was her former neighbor until she saw the officer for the first time in the courtroom.
The bailiff immediately reported this information to the trial judge. The Denver District Court conducted an in camera hearing, at which both the prosecution and defense counsel questioned the juror. Digeser testified that Officer Moran was a former neighbor who used to live two houses away from her, that they had both been at several social functions together, that Officer Moran had driven Digeser to the airport to pick up Digeser's friend, that she had not seen Officer Moran in over a year, and that she had not recognized Officer Moran's surname when the list of witnesses was read to her prior to trial. Digeser stated that she believed Officer Moran to be a "trustworthy" person based on the fact that her house was well-kept and that Officer Moran had once driven Digeser to the airport to pick up Digeser's friend. Digeser responded affirmatively to questions concerning her ability to be objective and evaluate Officer Moran's testimony, deliberate fairly, and render a fair verdict.
The defense moved to excuse Digeser from the jury and replace her with an alternate juror. The trial court denied Christopher's motion to replace Digeser with an available alternate juror. The trial court determined that the fact that the juror was casually acquainted with Officer Moran would not affect the juror's ability to weigh impartially the witness' credibility.
Christopher appealed his judgment of conviction, contending that based on Digeser's bias, he was deprived of the opportunity to exercise a peremptory challenge.
The court of appeals reversed the judgment and remanded for a new trial. The court of appeals concluded that the trial court had abused its discretion, finding that defendant's right to exercise a peremptory challenge was curtailed by Digeser's failure to initially disclose her acquaintance with Officer Moran during voir dire and that the defendant was therefore prejudiced by the trial court's decision not to replace Digeser with an alternate juror.
We granted certiorari to consider the following question:
Whether the court of appeals erred in holding that the trial court's failure to replace a juror who recognized a prosecution witness after trial began was an abuse of discretion that prejudiced the defendant and curtailed his right to exercise peremptory challenges.
We now hold that the court of appeals erred in presuming prejudice from Digeser's inadvertent failure to recognize Officer Moran's name as it was read off during jury selection. We conclude that the trial court did not abuse its discretion in determining not to replace Digeser with an alternate juror since the juror was able to fairly evaluate the credibility of Officer Moran's testimony and could reach an impartial verdict based on the evidence. Accordingly, we reverse the court of appeals and remand with directions to consider any unresolved issues.
The People contend that the court of appeals erred in reweighing the evidence before the trial court and in presuming prejudice from Digeser's inadvertent nondisclosure of her acquaintance with Officer Moran during voir dire. Further, the People assert that the five factors articulated in People v. Meis, 837 P.2d 258 (Colo.App.), cert. denied, No. 92SC399 (Colo. Oct. 13, 1992), in determining whether a juror should be replaced with an alternate juror, were satisfied and that the trial court properly determined that Christopher was not unfairly prejudiced by Digeser's inadvertent nondisclosure.
Defendant argues that his right to exercise peremptory challenges was impaired since Digeser's "undisclosed information would have, without doubt, triggered a peremptory challenge." Defendant further contends that the trial court erred by its refusal to replace the juror with an alternate, when there was an alternate available. 2
The court of appeals concluded that Christopher was deprived of the right to effectively utilize a peremptory challenge by Digeser's inadvertent nondisclosure. The court of appeals found that the trial court abused its discretion in refusing to replace Digeser with an alternate juror. The court of appeals distinguished People v. Dunoyair, 660 P.2d 890 (Colo.1983), from the factual situation presented here since Officer Moran's testimony "constituted the primary evidence presented by the prosecution." 3
The trial court is in the best position to view the demeanor of a juror claiming impartiality, and the record must affirmatively demonstrate that the trial court abused its discretion before its decision can be disturbed on appeal. People v. Russo, 713 P.2d 356, 362 (Colo.1986). A new trial may be required where a juror deliberately misrepresents or knowingly conceals information relevant to a challenge for cause or a preemptory challenge. Dunoyair, 660 P.2d at 895. However, if, as here, a juror's nondisclosure was inadvertent, the defendant must show that the nondisclosed fact "was such as to create an actual bias either in favor of the prosecution or against the defendant." Id. at 896. Absent a showing that a juror's prior acquaintance with a witness created an actual bias, "we will assume that the juror followed the instructions of the court and decided the case solely on the basis of the evidence and the law." Id.
Further, the purpose of seating an alternate juror is to have available another juror when, through unforeseen circumstances, a juror is unable to continue to serve. The trial court is in the best position to evaluate whether a juror is unable to serve, and its decision to excuse a juror will not be disturbed absent a gross abuse of discretion. People v. Abbott, 690 P.2d 1263 (Colo.1984); Meis, 837 P.2d at 259.
We have already considered the relationship between a juror's inadvertent nondisclosure and the need to replace that juror with an alternate juror. In Dunoyair, this court held that the defendant suffered no prejudice as a result of a juror's inadvertent nondisclosure of his acquaintance with a prosecution witness because the information withheld was of only peripheral significance. In People v. Drake, 841 P.2d 364 (Colo.App.1992), the court of appeals determined that
the trial court found that this juror's acquaintance with the witness was extremely minimal and would not...
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People ex rel. D.F.A.E.
...whether a juror is unable to serve, we review for an abuse of discretion the court's decision to not excuse a juror. People v. Christopher , 896 P.2d 876, 879 (Colo. 1995) ; People v. Drake , 841 P.2d 364, 367 (Colo. App. 1992). We will not disturb that decision unless it was manifestly arb......
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People v. Dashner
...overturn its determination on appeal only if the record affirmatively demonstrates that the court abused its discretion. People v. Christopher, 896 P.2d 876 (Colo. 1995). In ascertaining whether the trial court abused its discretion in ruling on a challenge for cause, we must review the ent......
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Black v. Waterman, 02CA0172.
...was rape victim deliberately failed to respond when asked whether she had been or knew anyone who had been raped), with People v. Christopher, 896 P.2d 876 (Colo.1995) (judgment affirmed because juror's inadvertent failure to disclose acquaintance with testifying officer was of only periphe......
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People v. Torres, 03CA2480.
...must show that the nondisclosure created an actual bias in favor of the prosecution or against the defendant. People v. Christopher, 896 P.2d 876, 879-80 (Colo.1995). Absent this showing, we will assume that the juror followed the court's instructions and decided the case solely on the basi......