Juror’s problems with English prompts mistrial for sex assault suspect

[Elderberry]

Austin-American-Statesman By Ryan Autullo 7/31/2018

Nicodemo Coria-Gonzalez was set to go to trial this week in Travis County in connection to a string of violent attacks against women, including one who said Coria-Gonzalez sexually assaulted her while threatening her with a knife, and another who accused him of dousing her in gasoline.

But his trial ended before having started after a juror on Tuesday revealed he struggles with English and would not be able to understand complex legal terms.

The disclosure came prior to opening statements and prompted state District Judge David Crain to declare a mistrial in the state’s aggravated sexual assault case against Coria-Gonzalez.

---During jury selection Monday, the man with the English troubles never mentioned anything to the judge and in fact interacted with lawyers who were vetting candidates, defense attorney Selena Alvarenga said.---

---Crain called the man into the courtroom, and the man said he had been in the United States for 20 years working as an engineer, but speaks only enough English to get by. Crain asked him why he didn’t mention something sooner, but the judge did not appear to understand the answer. Crain told the lawyers they could proceed with 11 jurors, if both sides agreed to it. Prosecutors were willing, but the defense objected.---

---“It’s an increasing problem all over the United States, but certainly in Austin,” Wisser said. “Not just (with) Spanish-speaking (people), but people from other countries who speak some English, but not enough to understand the intricacies of the law.”---

More: https://www.mystatesman.com/news/crime--law/juror-problems-with-english-prompts-mistrial-for-sex-assault-suspect/ua2y45kaIOL21QTcUZMM1L/

[Elderberry]

http://www.liberallylean.com/

Legal nerd stuff: I've been involved in many, many jury selections, and I thought you had to speak English to be qualified to serve of a jury.

My quick research this morning is a little stunning: You have to be able to "read and write" to be qualified but it doesn't say "in English." (Texas Code of Criminal Procedure 35.16(a)(11)).

However, it is an Exemption if there is an "inability to comprehend or communicate in the English language that makes it impossible or very difficult for the person to serve on a jury." Texas Government Code 62.109.

This is important: An exemption must be "claimed" by the juror. It is not an automatic disqualification. (And to "claim" that exemption there is the ridiculous requirement that he must file an affidavit sworn to before the district clerk.)

For that Austin case above, it looks like the jury had already been empaneled and sworn when the guy brought the English problem to the judge's attention.

Legal issue: Can a juror claim an exemption after being placed on a jury?

The judge above seems to think so.

I don't know if that is correct.

[darroll]

This is leading up to Spanish only courtrooms.
Like our schools having to speak Spanish to the Spanish students.

[Restored]

That's OK. It was only women. #LiberalHeadSpin

[Elderberry]

the man said he had been in the United States for 20 years working as an engineer, but speaks only enough English to get by

Definitely no cultural assimilation taking place.

[RoosGirl]

the man said he had been in the United States for 20 years working as an engineer, but speaks only enough English to get by

Definitely no cultural assimilation taking place.

WTF?  An "engineer", like a sanitation engineer?

[Sanguine]

This is leading up to Spanish only courtrooms.
Like our schools having to speak Spanish to the Spanish students.

Wild guess on my part, but I would bet he's Indian, given that it's Austin and he's an engineer.

[Elderberry]

Wild guess on my part, but I would bet he's Indian, given that it's Austin and he's an engineer.

The man told others he attended school in China

[Sanguine]

The man told others he attended school in China

OK, that works too.

[240B]

There must be more to the story than we are being told. I think the guy initially went along with the program, but something changed and he wanted out. My take is that this was a deliberate act by the juror to get out of jury duty.

I have met hundreds of so called 'minority' people who are American citizens and who can just barely speak English. Black, Hispanic, Asian, etc. I have spoken to several Black Americans whose English was so bad I simply could not understand what they were trying to say. Far from know any legal terms, these guys didn't know basic English and basic grammar. And yet, I am absolutely sure that some defense attorney would not hesitate to put them on their jury.

My point is, the concept of 'I don't speak English well enough to be on a jury' seems specious, based on all the fully American morons who serve on jury duty every day. If speaking mediocre level English was a qualification for jury duty, less than 50% of Americans would qualify.

The guy wanted out for whatever reason, and he got what he wanted.

[Sanguine]

I wonder if the engineer is a citizen?  They may not require that in Travis County.

[Elderberry]

Most people that want out plead their reason in the jury room before they are assigned to a group for any particular case.

[Elderberry]

I wonder if the engineer is a citizen?  They may not require that in Travis County.

Qualifications for Jury Service

You do not need any special skills or legal knowledge to be a juror!

To be qualified to serve as a juror you must:

    be at least 18 years of age;
    be a citizen of the United States;
    be a resident of this state and of the county in which you are to serve as a juror;
    be qualified under the Constitution and laws to vote in the county in which you are to serve as a juror (Note: You do not have to be registered to vote to be qualified to vote);
    be of sound mind and good moral character;
    be able to read and write;
    not have served as a juror for six days during the preceding three months in the county court or during the preceding six months in the district court; and
    not have been convicted of, or be under indictment or other legal accusation for, misdemeanor theft or a felony.

*Note that the completion of deferred adjudication is not a disqualifying "conviction".

(Texas Government Code § 62.102. General Qualifications for Jury Service. Code of Criminal Procedure, Articles 35.16 et. seq.)

If you have any doubts as to your eligibility to serve on a jury, contact the judge or court as indicated on your jury summons.

Exemptions from Jury Service

You are not required to claim an exemption from jury service.

However, you may choose to be excused if you:

    Are over 70 years of age (You may also request a permanent age 70 exemption.);
    Have legal custody of a child younger than 12 years of age and your service on the jury requires leaving the child without adequate supervision;
    Are a student of a public or private secondary school;
    Are a person enrolled and in actual attendance at an institution of higher education;
    Are an officer or an employee of the senate, house of representatives, or any department, commission, board, office, or other agency in the legislative branch of government;
    Have served as a petit juror in the county during the 24-month period preceding the date you are required to appear for this summons. (Applies only to counties with a population of at least 200,000 unless the county uses a jury plan under § 62.011, Gov't Code, and the period authorized under § 62.011(b) exceeds two years.);
    Are the primary caretaker of a person who is unable to care for himself or herself (This exemption does not apply to health care workers.);
    Have been summoned for service in a county with a population of at least 250,000 and you have served as a petit juror in the county during the three year period preceding the date you are to appear for jury service. (This does not apply if the jury wheel has been reconstituted since your service as a petit juror.); or
    You are a member of the United States Military Forces serving on active duty and deployed to a location away from your home station and out of your county of residence.

(Texas Government Code § 62.106. Exemption from Jury Service)

[Sanguine]

Qualifications for Jury Service

You do not need any special skills or legal knowledge to be a juror!

To be qualified to serve as a juror you must:

    be at least 18 years of age;
    be a citizen of the United States;
    be a resident of this state and of the county in which you are to serve as a juror;
    be qualified under the Constitution and laws to vote in the county in which you are to serve as a juror (Note: You do not have to be registered to vote to be qualified to vote);
    be of sound mind and good moral character;
    be able to read and write;
    not have served as a juror for six days during the preceding three months in the county court or during the preceding six months in the district court; and
    not have been convicted of, or be under indictment or other legal accusation for, misdemeanor theft or a felony.
....

They don't need no stinkin' laws (in Travis County).

[Elderberry]

They don't need no stinkin' laws (in Travis County).

McLennan County too.