News Release - 2001-16
December 6, 2001
Supreme Court Rules Jury Selection in Mink Fire Case Was Fair
In a case followed by criminal lawyers across the state, the Supreme Court of the State of Washington has upheld the conviction of Mink Fire for child molestation.
In 2000, the Court of Appeals reversed Mink Fire's conviction because the trial court should have excused a potential juror for cause during jury selection. The defense lawyer later excused the juror using a peremptory challenge.
In a 5-4 decision, the Supreme Court agreed with the prosecutor that because the defense had used a peremptory challenge to remove the juror, no biased juror sat on the panel and there was no prejudice. "A peremptory challenge helps secure a fair trial by allowing a party to exclude a juror without stating a reason, including those who might be partial," said Gaylord.
This case was important because two lines of cases had developed across the nation. Several cases over the past hundred years favored the defendant and several cases, including a recent decision from the United States Supreme Court, favored the prosecutor. After reviewing both sides, the Washington State Supreme Court concluded:
"[I]f a defendant through the use of a peremptory challenge elects to cure a trial court's error in not excusing a juror for cause, exhausts his peremptory challenges before the completion of jury selection, and is subsequently convicted by a jury on which no biased juror sat, he has not demonstrated prejudice, and reversal of his conviction is not warranted. The judgment of the Court of Appeals is reversed…"
Mink Fire was sentenced to 9 1/2 years in prison by Judge Vickie Churchill. Philip Buri of Bellingham assisted the San Juan County Prosecutor on the appeal.
Randall K. Gaylord