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

[George McDermith]

    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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