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Supreme Court Reviews Sexual Predator's Claim Of C R I M I N A L J U S T I C E L E G A L F O U N D A T I O N CJLF Advisory Volume 34, No. 3 Fall 2016 SUPREME COURT REVIEWS SEXUAL PREDATOR’S CLAIM OF JURY BIAS A Colorado man convicted of molest- 14, were also staying at the track with later that evening, and the two sisters ing two teenage sisters in 2007 is asking their parents. One evening, on their individually identified him as the man the U. S. Supreme Court to allow the use way to the track bathroom, the three who groped them in the bathroom. of statements by the jurors about their girls walked past Peña-Rodriguez and At trial, Peña-Rodriguez’s defense deliberations in his case as evidence another man who were sitting and drink- attorney argued that he had been mis- to challenge his guilty verdict. At is- ing beer near the bathroom entrance. As identified and that some other man had sue in the case of Peña-Rodriguez v. the girls entered the bathroom, Peña- followed the girls into the bathroom. A Colorado are state and federal laws that Rodriguez followed them and asked if friend testified that Peña-Rodriguez had hold jury deliberations as confidential they wanted to drink or “party.” The been visiting with him in a different part and forbid the use of statements by girls said no, and the youngest sister left of the track at the time of the assault. jurors about deliberations as evidence to just before the man turned off the lights After 12 hours of deliberations, the jury overturn a verdict. and began to grope the remaining two. failed to agree on a felony count of at- CJLF has joined the case to encour- The two sisters managed to push him tempted sexual assault, but unanimously age the U. S. Supreme Court to reject away and escape, immediately telling convicted him of misdemeanor counts of Peña-Rodriguez’s claim and uphold the their parents what happened. From the unlawful sexual contact and harassment, historic sanctity of the jury process. description the girls gave, the father for which he was sentenced to two years The case involves an incident which recognized that it was Peña-Rodriguez of probation. At no time during the occurred at a Colorado racetrack in and informed the track security guard. jury selection did the defense attorney 2007. In May of that year, Peña-Rodri- As they were talking, the father and the question prospective jurors about their guez was working as a horse keeper at guard saw Peña-Rodriguez speeding prejudices regarding Hispanics. the track. Three sisters, aged 16, 15, and away in his pickup. He was arrested After the trial, the defense attorney took affidavits from two jurors who said that another juror had made prejudicial remarks about Mexicans during delib- MURDERER SEEKS TO EXPAND erations. Based upon these affidavits, the defense moved for a new trial. The DEFINITION OF MENTAL RETARDATION judge denied the motion, citing state law barring the use of juror affidavits as The U. S. Supreme Court has agreed time, i.e., IQ scores below 70 and a his- evidence. The state Court of Appeals to hear a Texas murderer’s claim that tory of poor adaptive skills. Following and the state Supreme Court also denied the state’s current standard for deter- Atkins, states with capital punishment the motion, noting that the defendant mining if he is exempt from execution developed standards utilizing those two had waived the right to raise a racial bias by reason of mental retardation should factors. challenge to the verdict when he failed be broadened to comply with new At issue in the case of Moore v. to question jurors about possible bias. standards announced by two private Texas is whether the states should When the U. S. Supreme Court psychiatric associations. now be required to follow the evolving agreed to hear Peña-Rodriguez’s appeal, In 2002, the Supreme Court held in standards announced by two private CJLF joined the case. Atkins v. Virginia that the Constitution associations—American Psychiatric In a scholarly amicus curiae (friend prohibits both state and federal govern- Association (APA) and American As- of the court) brief, CJLF Associate At- ments from executing a murderer deter- sociation on Intellectual and Develop- torney Kymberlee Stapleton argues that mined to be mentally retarded. While mental Disabilities (AAIDD). state and federal laws, rooted in English not announcing a standard for determin- The Criminal Justice Legal Founda- common law and U. S. Supreme Court ing mental retardation, the Court did tion has joined the case to encourage a precedent, specifically prohibit the use discuss the standard recognized at the decision to reject this change. of juror statements to challenge the continued on page 6 continued on page 6 The Criminal Justice Legal Foundation is a nonprofit, public interest law foundation MANSLAUGHTER representing the interests of law-abiding citizens in court. CJLF is an independent corporation supported by tax-deductible DEFENDANT SEEKS NEW contributions from the general public and is qualified under IRC 501(c)(3). CJLF does RULE TO VOID CONVICTIONS not engage in any form of political or lobbying activity. The Advisory is published by the A Southern California man convicted of to plead “no contest” to the suspended Criminal Justice Legal Foundation, Michael vehicular manslaughter is seeking a Cali- license charge or have a separate trial Rushford, Editor, 2131 L Street, Sacramento, fornia Supreme Court ruling announcing for the charge, but the judge refused. At California 95816. (916) 446-0345. that a conviction is automatically void if trial, Farwell and his attorney agreed to the defendant is not specifically advised stipulate to the facts of the suspended OFFICERS by the judge about the consequences of his license charge and the judge reported this Chairman Emeritus ............ Jan J. Erteszek agreement to admit the facts of one of the to the jury in open court. With Farwell Chairman ........................Rick Richmond charges during the trial. sitting next to him, the defense attorney Vice Chairman .............. Terence L. Smith At issue in the case of People v. Far- then told the jurors: “On June 21, 2013, President & CEO ........ Michael Rushford well is whether such a rule exists, or if a Farwell was driving a motor vehicle while Secretary-Treasurer ..... Faye Battiste Otto reviewing court can consider the entire his license was suspended for a failure to trial record to determine if the defendant appear and that when he drove he knew BOARD OF TRUSTEES knowingly and volun- WILLIAM E. BLOOMFIELD, JR. tarily agreed to stipulate Chairman, Web Service Company (admit) to facts that es- JERRY B. EPSTEIN tablished his guilt of one Founder and General Partner of the charges against Del Rey Shores and Marina Harbor him. MICHAEL H. HORNER, President The case involves a Tom Sawyer Camps, Inc. tragic accident which SAMUEL J. KAHN, President resulted in the death of Kent Holdings and Affiliates a young woman. On FAYE BATTISTE OTTO, President the afternoon of Friday, American Forensic Nurses June 21, 2013, Randolph RICK RICHMOND, Managing Partner Farwell was speeding Jenner & Block through a residential neighborhood in his license was suspended.” GINO RONCELLI, Founder & CEO Compton, California, with three passen- The jury found Farwell guilty on both Roncelli Plastics, Inc. gers in his Pontiac Grand Prix. Police traf- counts and, due to his prior conviction MARY J. RUDOLPH, Trustee The Erteszek Foundation fic forensics indicate that he was traveling of a serious felony, he was sentenced to between 82-92 mph when he swerved into 13 years in prison. Farwell appealed, MICHAEL RUSHFORD President & CEO oncoming traffic to pass a slow-moving arguing that the conviction for driving on Criminal Justice Legal Foundation SUV and then swerved back to avoid a a suspended license should be overturned WILLIAM A. SHAW, President & CEO head-on collision, losing control of his car. because prior court decisions require the Roxbury Properties, Inc. Farwell’s car jumped the curb and crashed trial judge to expressly advise him that he TERENCE L. SMITH, Partner into a tree in a public park bordering the would be giving up several constitutional TLS Logistics, LLC street. Front seat passenger Kahdeja Tony trial rights if he agreed to stipulate (admit) HON. PETE WILSON was killed in the crash. to it. After the Court of Appeal denied 36th Governor of California At the time of the incident, Farwell was that claim, the California Supreme Court driving on a suspended license. Three agreed to hear Farwell’s appeal. years earlier he was arrested for reckless CJLF has joined the case to encour- LEGAL DIRECTOR & GENERAL COUNSEL driving and participating in a speed con- KENT S. SCHEIDEGGER age a decision rejecting Farwell’s claim. test whereby a police officer clocked him Associate Attorney Kymberlee Stapleton at 120 mph while racing another vehicle introduced a scholarly amicus curiae LEGAL ADVISORY COMMITTEE along Ocean Boulevard in Long Beach. (friend of the court) brief, arguing that HON. GEORGE DEUKMEJIAN Following his arrest, Farwell faced earlier rulings, which required an auto- 35th Governor of California charges of vehicular manslaughter and matic reversal if the trial judge did not HON. EDWIN MEESE III driving with a suspended license. Dur- expressly advise the defendant of the Former United States Attorney General ing a pretrial hearing, Farwell sought continued on page 7 HON. EDWARD PANELLI Justice, California Supreme Court (Ret.) Advisory layout design by Irma H. Abella 2 ADVISORY Fall 2016 VIEWPOINT CALIFORNIA BALLOT MEASURES DEALING WITH CRIME Seventeen statewide initiatives have quali- Proposition 47, which was advertised as a law Three propositions on the November 8 ballot fied for the California general election ballot to help rehabilitate criminals, when it actually will have a direct effect on the physical safety this year.
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