Assignment #8

We picked up Denver as a county in Colorado. Denver uses Grand Jury . Difference between Grand Jury and Preliminary Hearing are that Grand Jury has jury members that are chosen by the judge, theses members take part in the hearing that is taking place and take part in making a final decision. Unlike Grand Jury a preliminary hearing takes place before a judicial officer. The officer alone decides if a crime was committed or not.In the newspaper article, the defendant, Allen Andrade is being charged with first-degree murder and a hate crime against Angie Zapata, a 17-year-old transgender woman that he first beat with his fists and then a fire extinguisher. If a jury convicts Andrade of the most serious charges, Colorado law requires a sentence of life imprisonment without the possibility of parole. On top of that, prosecutors filed habitual criminal counts against Andrade, which could quadruple any sentence he might receive. The jurors will be sent to different courtrooms randomly, while a constantly changing process will be used against them to ensure no one would know what crime they would be judging. No jurors were challenged for peremptory challenges. The biggest factor with this case, as with any high-profile case, is the fact the more publicity a case is getting, the more likelihood people are familiar with the details of the case. That always makes jury selection difficult. The prosecution would probably want jurors that would fight to strengthen federal hate-crime laws and people who support transgender victims and believe people should be who they want to be and live normal, just as everyone else does. The defense would probably push for jurors that are just the opposite and argue the fact that its not "fair" when people are fooled by the transgender community. Many do not believe in the transgender community nor do they believe in the protection of transgender people. (Colorado Independent, 2009).Arnold Zaler was convicted of fraud and sentenced to fifteen years in prison for swindling investors out of nearly 2.5 million dollars. Zaler ran koscher hot dog stands at the Pepsi Center and Invesco Field at Mile High. He convinced investors, many from within his own Jewish community. He had help from a friend of his, Ryan Thomas Smith, a former corporate salesman for Korenke Sports Enterprise, who signed fake contracts for the sales of thousands of hot dogs and forged signatures of others for similar contracts. Direct evidence in the case were those contracts along with witness statements by the people whose names were forged. The only circumstantial evidence in the case was the testimony by a psychologist hired by the Defense stating that there was a possibility of mental illness, however the prosecution's questioning made the witness seem not credible.In Colorado, the speedy trial statute states that within 6 months of a not guilty plea, a trial must be made available. However, if a trial date is proposed by the court that is beyond the 6 month time frame and neither the defendant or the defendant's counsel objects, then the right to a speedy trial is waived and thus extended to the date proposed (Gustafson, n.d.) The speedy trial statute in Nevada is different because a trial must be provided within 60 days of arraignment. In both states, this right may be waived if the defendant asks for more preparation time (Lawyers.com, n.d.) .
Absolutely Affordable Bail Bond. (2009, November 6). [image]. Retrieved from www.google.com

Cardona, F. (2009, November 4). Federal judge in Denver sentences hot-dog swindler to 15 years. Denver Post. Retrieved from http://www.denverpost.com/crime/ci_13733061.

Gustafson, R. D. (n.d.). Colorado Statue of Limitations & Speedy Trial. (2009, November 10) Retrived from Gustafson Law website http://www.gustafsonlaw.com.

Lawyers.com. (n.d.). Criminal Process in Nevada. (2009, November 10). Retrived from Lawyers.com website: http://research.lawyers.com/Nevada.com


Lunning, E. ( 2008, April 14). Jury Selection starts Tuesday in trail of man charged with Zapalata slaying. The Colorado Indipendent. Retrived from http://coloradoindependent.com