Who would have thought handing out fliers could land a person with felony charges? I’m sure the man who was standing outside of the courthouse distributing those pamphlets never thought that he would have to put up to $150,000 to bond himself out. Apparently, the man wanted to inform the jurors about all their rights– especially the rights that are not always given by judges during a trial. The man felt he was exercising his right to free speech. But, a judge saw it differently – ordering the man to be arrested. They charged the man with Jury Tampering- a felony in Fort Collins, Loveland, and Estes Park.
It seems wrong to me that a man would be charged with Jury Tampering for simply handing out a piece of paper with a list of juror’s rights. If the paper had opinions and manipulative statements, I could see it as Jury Tampering. But, just a list of rights? Something that is, by the way, readily available online if someone wanted to read them? It seems like a stretch to me and an abuse of power by the judge who ordered the arrest. Judges do not have the legal authority to order charges- they are not the prosecutors. We have a separation of powers doctrine in our country, and the judge is transgressing an important constitutional boundary. A former county prosecutor, Judge Peter Jaklevic appears to have “little man syndrome” after his feelings were hurt. This is nothing short of an abuse of power by an incompetent judge who should be removed from office.
What is Jury Tampering in Larimer County?
Colorado law defines Jury-Tampering – C.R.S. 18-8-609 – as:
(1.5) A person commits jury-tampering if he knowingly participates in the fraudulent processing or selection of jurors or prospective jurors.
According to the statute, the Larimer, Boulder, or Grand County district attorney would have to prove that the man’s pamphlet could have somehow influenced a juror’s actions. I don’t know exactly what was written on the flier, but according to the news article, it was just a list of juror rights. I’m not sure how that could have influenced a juror to change their opinion or decision, especially since the trial proceedings had not yet started. But, I guess that’s the DA’s burden to bear.
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What is the Sentence for Jury-Tampering in Fort Collins?
Jury Tampering is a class 5 felony in the State of Colorado, unless special circumstances exist. If the trial where the tempering is alleged to have occurred is for a class 1 felony crime, then Jury Tampering would be a class 4 felony. A class 5 felony is punishable by 1 to 3 years in the Colorado Department of Corrections. And, a class 4 felony is punishable by 2 to 6 years in prison. That’s a lot of time for a little piece of paper.