People v. Rogers, No. 82CA1082

Docket NºNo. 82CA1082
Citation690 P.2d 886
Case DateJune 07, 1984
CourtCourt of Appeals of Colorado

Page 886

690 P.2d 886
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
Cary Gano ROGERS, Defendant-Appellant.
No. 82CA1082.
Colorado Court of Appeals,
Div. I.
June 7, 1984.
Rehearing Denied July 5, 1984.
Certiorari Denied Nov. 5, 1984.

Page 887

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Dolores S. Atencio, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Terri L. Brake, Deputy State Public Defender, Denver, for defendant-appellant.

STERNBERG, Judge.

The defendant, Cary Gano Rogers, was charged with first degree murder and first degree kidnapping following a shooting death which occurred outside a tavern in Adams County. Following a jury trial, the defendant was convicted of first degree murder, acquitted of first degree kidnapping, and was sentenced to a term of life imprisonment. He appeals, and we reverse and remand for a new trial.

I.

The defendant first contends that the trial court abused its discretion by denying his challenge for cause to a potential juror, R.A. Teter. We agree.

The trial court was informed, during voir dire, that Teter was a fireman employed by the Rocky Mountain Arsenal. His duties included conducting arson investigations and gathering information for future prosecutions. Also, he was trained as an emergency medical technician, and in that capacity had on two occasions attended to shooting victims at the tavern in question. Teter

Page 888

had worked with the Adams County District Attorney's office on a number of prosecutions, and had consulted in the past with the prosecutor who tried this case.

Teter dealt with members of the Commerce City Police Department on a daily basis, and was personally acquainted with nearly all the members of the Adams County Sheriff's Department. He had talked with a co-employee, an emergency medical technician, who had responded to the shooting in question, and who had attended the victim shot in this case.

When asked if he could be fair and impartial, considering his law enforcement associations, Teter responded:

"I would like to think I could be, you know, fair to both sides. Like I say, I do work with them [law enforcement agencies and the district attorney] every day and stuff like that but I think I could you know, draw the line as to--I'm not a law enforcement official, or however that goes."

However, when asked if he thought that these associations would influence his ability to make an impartial decision he said: "Well, I don't think with a man's life that I would be, but possibly I guess there is always in the back of your mind."

Great discretion is vested in the trial court in assessing the impartiality of jurors. Hanes v. People, 198 Colo. 31, 598 P.2d 131 (1979). Here, this discretion was abused.

We do not hold that Teter was an employee of a public law enforcement agency thus requiring his discharge as a juror under § 16-10-103(1)(k), C.R.S. (1978 Repl.Vol. 8), and Crim.P. 24(b)(1)(XII). We do hold that the combination of factors involved: Teter's close association with not only the law enforcement establishment, but also with this crime scene, and with the co-employee who had attended to this murder victim,...

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12 practice notes
  • People v. Pena-Rodriguez, No. 11CA0034.
    • United States
    • Colorado Court of Appeals of Colorado
    • November 8, 2012
    ...establishment, but also with this crime scene, and with the co-employee who had attended to this murder victim." People v. Rogers, 690 P.2d 886, 888 (Colo.App.1984) ;• A juror's husband being a police officer, the prosecution witness being "familiar" to her, and the prosecutor having been t......
  • People v. Whitman, No. 04CA1428.
    • United States
    • Colorado Court of Appeals of Colorado
    • November 29, 2007
    ...P.3d 331, 335-36 (Colo.App.2000)(volunteer victim advocate not employee of law enforcement agency). Defendant relies on People v. Rogers, 690 P.2d 886, 887-88 (Colo.App.1984), and People v. Reddick, 44 Colo.App. 278, 280, 610 P.2d 1359, 1361 (1980), and contends there are several factors ab......
  • People v. Roldan, No. 08CA2487.
    • United States
    • Colorado Court of Appeals of Colorado
    • January 20, 2011
    ...v. Rogers, Roland argues that “close association” with the law enforcement establishment requires the dismissal of a prospective juror. 690 P.2d 886, 888 (Colo.App.1984). In that case, however, the reviewing division held that a “combination of factors” resulted in the trial court abusing i......
  • People v. Urrutia, No. 92CA0966
    • United States
    • Colorado Court of Appeals of Colorado
    • September 22, 1994
    ...Services nor Equal Employment Opportunity Commission is a law enforcement agency for purposes of § 16-10-103(1)(k)); People v. Rogers, 690 P.2d 886 (Colo.App.1984) (firefighter at Rocky Mountain Arsenal not an employee of a public law enforcement agency). We are not unmindful of the admonit......
  • Request a trial to view additional results
12 cases
  • People v. Pena-Rodriguez, No. 11CA0034.
    • United States
    • Colorado Court of Appeals of Colorado
    • November 8, 2012
    ...establishment, but also with this crime scene, and with the co-employee who had attended to this murder victim." People v. Rogers, 690 P.2d 886, 888 (Colo.App.1984) ;• A juror's husband being a police officer, the prosecution witness being "familiar" to her, and the prosecutor having been t......
  • People v. Whitman, No. 04CA1428.
    • United States
    • Colorado Court of Appeals of Colorado
    • November 29, 2007
    ...P.3d 331, 335-36 (Colo.App.2000)(volunteer victim advocate not employee of law enforcement agency). Defendant relies on People v. Rogers, 690 P.2d 886, 887-88 (Colo.App.1984), and People v. Reddick, 44 Colo.App. 278, 280, 610 P.2d 1359, 1361 (1980), and contends there are several factors ab......
  • People v. Roldan, No. 08CA2487.
    • United States
    • Colorado Court of Appeals of Colorado
    • January 20, 2011
    ...v. Rogers, Roland argues that “close association” with the law enforcement establishment requires the dismissal of a prospective juror. 690 P.2d 886, 888 (Colo.App.1984). In that case, however, the reviewing division held that a “combination of factors” resulted in the trial court abusing i......
  • People v. Urrutia, No. 92CA0966
    • United States
    • Colorado Court of Appeals of Colorado
    • September 22, 1994
    ...Services nor Equal Employment Opportunity Commission is a law enforcement agency for purposes of § 16-10-103(1)(k)); People v. Rogers, 690 P.2d 886 (Colo.App.1984) (firefighter at Rocky Mountain Arsenal not an employee of a public law enforcement agency). We are not unmindful of the admonit......
  • Request a trial to view additional results

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