Kerry Dean Benally, 36, was convicted of punching a Bureau of Indian Affairs officer and hitting him in the face with a flashlight. The officer had followed Benally because he was driving erratically in the White Mesa area in southeastern Utah, and later appeared intoxicated.
But the day after his October 2007 conviction, juror Karen Cano came forward and reported the jury foreman said: "'when Indians get alcohol, they all get drunk, and . . . violent," court documents state. Other jurors seemed to agree, and talked about sending a message to the reservation. One expressed anger about people who "mess with police officers and get away with it."
It was enough for U.S. District Judge Dale Kimball to throw out Benally's conviction and order a new trial.
The 10th U.S. Circuit Court of Appeals disagreed. In a decision released Wednesday, the court cited a rule that prohibits jurors from testifying about their verdicts. The goal is to keep jury deliberations private, the court said.
"Jury decision-making is designed to be a black box," the court said. "It is essential that jurors express themselves candidly and vigorously as they discuss the evidence."
While there are exceptions to the rule to ensure that defendants get a fair trial, the court pointed out that the verdict was unanimous, including Cano.
Benally could face up to 20 years in prison. A sentencing hearing has not yet been set.
