People v. Vecchiarelli-McLaughlin

984 P.2d 72, 1999 Colo. J. C.A.R. 3954, 1999 Colo. LEXIS 629, 1999 WL 444972
Supreme Court of Colorado·Decided June 28, 1999·No. 98SC412·Published·Cited by 17 cases

Opinion

984 P.2d 72 (1999)

The PEOPLE of the State of Colorado, Petitioner,
v.
Rico VECCHIARELLI-MCLAUGHLIN, Respondent.

No. 98SC412.

Supreme Court of Colorado, En Banc.

June 28, 1999.

*73 Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, John Daniel Dailey, Assistant Solicitor General, Robert Mark Russel, First Assistant Attorney General, Elizabeth Rohrbough, Assistant Attorney General, Appellate Division, Denver, Colorado, Attorneys for Petitioner.

Scott H. Robinson, P. C., Scott H. Robinson, Denver, Colorado, Attorney for Respondent.

Justice RICE delivered the Opinion of the Court.

We granted certiorari in order to review the unpublished decision of the court of appeals in People v. Vecchiarelli-McLaughlin, No. 96CA1857 (Colo.App. Apr. 30, 1998), in which the court reversed the defendant's conviction. The court of appeals held that the trial court abused its discretion when it denied the defendant's challenge for cause to a prospective juror who had expressed concerns as to whether he could be fair in the absence of hearing testimony by the defendant. We reverse the judgment of the court of appeals, finding that the trial court acted within its discretion when it denied the defendant's challenge for cause. Accordingly, we remand to the court of appeals with directions to reinstate the judgment of conviction and sentence.

I.

The defendant, Rico Vecchiarelli-McLaughlin, was charged with felonious criminal mischief for vandalizing a pickup truck in June 1995.

During the course of voir dire, one prospective juror explained that he would doubt the innocence of a defendant who chose not to testify in his or her own defense at trial. The following exchange occurred:

Defense Attorney: Is there anyone else who reached [the conclusion that a defendant should testify]? Sir, what about you? How do you feel?
Juror: I feel that if you're not guilty, then you should testify because you're not. I mean if you don't testify, then I feel you know there's something wrong.
Defense Attorney: So then would it be fair to say that you think there's a bit of burden on the defense?
Juror: I would think so, yes. In my own mind, yeah.
Defense Attorney: So does that — Would it be fair to say then that if the defendant does not testify that you would be biased against him?
Juror: I'm not going to say I'm biased against him because I don't know what the case is about but—
*74 Defense Attorney: Well, I mean—
Juror: I just can't — I guess I can't see in my own mind if the guy is not guilty why he doesn't want to say anything, just have an attorney do his talk for him.
Defense Attorney: You realize, of course, he has a right to have an attorney?
Juror: Right.
Defense Attorney: But you'd rather hear something from him; right?
Juror: That's true.
Defense Attorney: Having said that you believe that the guy should talk for himself and not have an attorney talk for him and — Well, you said you wouldn't be biased against him right now if he didn't testify. While that would give you cause for concern, doesn't that mean that your ability to be fair and impartial under those circumstance [sic] is impaired?
Juror: Well, no, because he has a right to an attorney and everything, you know, I agree with that. But I still think that in my own mind, if something happens to me, I want to tell my story.
Defense Attorney: But if he doesn't put on any proof and he doesn't testify, that's going to affect your feeling about him, is it not?
Juror: It could, I would think, yeah. I mean because it could.
Defense Attorney: Therefore, doesn't that affect your ability to be fair and impartial?
Juror: I guess you're right.

The defense attorney then moved to excuse the juror for cause. The prosecution waived its opportunity to rehabilitate the juror, stating that "[the juror] hasn't indicated that he can't follow the law.... [T]here's no indication at this point in time that he can't follow the Court's instructions regarding the burden of proof."

Thereafter, the trial judge engaged the potential juror in the following dialogue:

The Court:... you heard me earlier say that a defendant doesn't have to present any evidence; correct?
....
Juror: Yes, I did.
The Court: And implicit in that is that he doesn't have to testify also.
Juror: Right.
The Court: Are you saying that if he and his attorney choose to not have him testify when he has the right that you would use that in consideration of whether he's guilty or not guilty?
Juror: No, I'm not saying that. It just — I just don't understand some of it, I guess, in my own mind because if I'm not guilty, I'm going to say I'm not guilty. I'm not going to have somebody else do my talking for me.
The Court: I don't want to try to influence you, but in terms of you not understanding, let me try to put it this way: I gave the example in a civil case of somebody suing you for $10,000 and you don't have to prove anything, they have to prove it. If you were to go to trial and they presented their case to you and your attorney thought they hadn't proved what they alleged, would you feel it necessary to stand up and say, "I don't owe them money," even though you felt they hadn't proved it?
Juror: No, I don't think so.
The Court: It is conceivable that if they feel that it hasn't been proven that they don't feel the necessity to have the defendant testify just say, "I'm not guilty, or, "I didn't do it," but instead could just argue that it wasn't proven?
Juror: Now, what? I didn't understand that.
The Court: It is conceivable that someone could evaluate the case and say, "Well, I don't have to say anything, I don't have to present anything, because they didn't prove it?"
Juror: Yeah, that's possible, I guess.
The Court: So do you understand somewhat why we're saying he may or may not testify, they may or may not present evidence?
Juror: Yes, I do.
The Court: All right. Let me ask you this: Are you talking — When you say you don't understand, is that because personally you want to get up and say, "I didn't do it," or is that because you cannot accept *75 that someone else might make that choice to not?
Juror: No because I wouldn't—I mean I would want to. What they do is their own opinion and the way they want to do it, you know.
The Court: Let me ask you specifically. If the defendant chooses not to testify in this case, are you going to in any way use that as a factor, consideration, or as any evidence of his guilt?

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People v. Vecchiarelli-McLaughlin, 984 P.2d 72, 1999 Colo. J. C.A.R. 3954, 1999 Colo. LEXIS 629, 1999 WL 444972 (Colo. 1999).

984 P.2d 72 (People v. Vecchiarelli-McLaughlin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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