Douglas County sex convictions overturned due to juror bias

Colorado’s second highest court last week overturned a man’s sex abuse convictions after a Douglas County judge allowed a biased juror to sit.

Jurors convicted Dennis Floyd Ladd of multiple sex offenses in 2022 and he received an indeterminate sentence of at least 25 years. During jury selection, his attorney asked the jury if they would arrest Ladd if he chose to exercise his constitutional right not to testify.

One person said it “really makes it look questionable” if Ladd remains silent. Another juror, identified as Juror T, acknowledged that he was not allowed to infer Ladd’s guilt if Ladd did not tell his side of the story.

But, “I think if I had to lean one way or the other, it’s not neutral,” continued Juror T. “You know, there’s a little… it would create a little gray area for me. “

“When you say gray area, do you mean an inference of guilt?” the lawyer asked.

“Yes,” said Juror T. He explained that if he found his two children fighting in the living room and only one told him what had happened, he would “lean” toward the testifying child.

The defense sought to remove Juror T for just cause, citing the man’s indication that he would continue Ladd’s silence against him. The prosecutor objected, claiming there was “no follow-up” regarding Juror T’s ability to follow the law.

In her ruling, Judge Theresa Slade appeared to confuse Juror T with other members of the jury before refusing to excuse him. Juror T ultimately served on Ladd’s jury.

A three-judge panel of the Court of Appeals subsequently agreed with Ladd that Juror T’s answers suggested he would not be able to follow the law as instructed.

“Juror T clearly and directly agreed when asked whether he would use Ladd’s silence against him by inferring guilt from Ladd’s decision not to testify,” Judge Stephanie Dunn wrote. in the advice of October 24. “And because neither the prosecutor nor the court asked clarifying questions on this point, Juror T never assured the court that he could set aside his clearly stated opinion and apply the law as instructed.”

The panel ordered a new trial. Although Ladd claimed that a second juror was also biased, the Court of Appeals did not address that claim.

The thing is People vs. Ladd.