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Peña-Rodriguez v. Colorado | 137 S. Ct. 855 (2017)
In Pena-Rodriguez versus Colorado, the United States Supreme Court addressed the conflict between a criminal defendant’s Sixth Amendment right to a fair and impartial jury, and the established rule that a jury’s deliberations cannot be used to challenge a verdict.
Miguel Pena-Rodriguez was charged with three felonies arising out of the alleged molestation of two girls. During jury screening, and repeatedly during jury selection, jurors were asked whether they had any reservations about their impartiality. None of the jurors voiced any concerns or expressed any racial bias.
The jury convicted Pena-Rodriguez of harassment and unlawful sexual contact, but failed to reach a decision on the third charge. Immediately after the jury was dismissed, two jurors told defense counsel that another juror, identified as H.C., expressed racial stereotypes about the defendant and his alibi witness. H.C. told the other jurors, quote “I think he did it because he’s Mexican, and Mexican men take whatever they want,” unquote.
Counsel reported this to the trial judge. Under the court’s supervision, the lawyers obtained sworn affidavits from the two jurors who had reported the statements.
The trial court acknowledged that H.C. appeared to be racially biased, but denied Pena-Rodriguez’s motion for a new trial. The court relied on Colorado Rule of Evidence 606(b), which, like Federal Rule of Evidence 606(b), prohibits jurors from testifying about statements made during deliberations. A divided court of appeals panel affirmed, as did a split Colorado Supreme Court.
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