Jurors in the James Craig trial can ask witnesses questions about their testimony. Here's how it works and what they've asked

CNN

6 days ago

At the murder trial for James Craig, the Colorado man accused of poisoning and killing his wife, lawyers aren't the only ones asking witnesses questions.
Jurors, too, are able to ask witnesses questions about their testimony, thanks to a unique law in Arapahoe County, Colorado.
Opening statements in the case were presented in the case on July 15 and the trial is tentatively scheduled to last around three weeks. Craig, a 47-year-old dentist, pleaded not guilty to charges of first-degree murder, solicitation to commit murder, solicitation to commit evidence tampering, and solicitation to commit perjury.
Prosecutors say he poisoned his wife, Angela Craig, with a mix of arsenic, cyanide and tetrahydrozoline, a medication commonly found in eyedrops. They also accuse him of plotting in jail to kill four other people, including the lead detective investigating his wife's death.
Colorado's Arapahoe County is one of several jurisdictions across the country where jurors are explicitly allowed to ask questions during a criminal trial. Since Craig's trial began, jurors have asked witnesses at least a dozen questions, written on pieces of paper and then slipped to the judge to read out loud.
Here's more about juror questioning – and what jurors are asking witnesses in Craig's trial.
Jurors being able to ask questions 'isn't a brand-new idea,' according to Nadia Banteka, a professor at Florida State University College of Law.
'Historically, jurors played a more active role in fact-finding during early Anglo-American trials,' she told CNN in an email. 'But as the adversarial system evolved in the 19th and 20th centuries, jury questioning largely disappeared.'
Judicial reform efforts 'aimed at improving juror comprehension and trial accuracy' helped revive juror questioning in the 1980s and 1990s, according to Banteka.
Today, the practice of allowing jurors ask questions is 'growing, but it's far from universal,' she added.
Juror questioning isn't a free-for-all, according to Banteka. Instead, it's a 'highly structured and judge-controlled' process.
Typically, jurors are instructed to write down their questions after a witness testifies. Then 'the judge reviews those questions privately, usually with input from the attorneys, to determine whether they comply with the rules of evidence,' she said.
If a question is deemed appropriate, the judge reads it aloud anonymously to the witness.
And jurors can't just ask anything they want. Their questions must be 'relevant, non-prejudicial, and not call for inadmissible evidence,' Banteka told CNN.
'They also should not suggest bias, challenge the witness's credibility directly, or resemble arguments,' she explained.
'Jurors often are told not to discuss their questions with each other and not to speculate if a question isn't asked,' Banteka said. 'The jurors' role is not to take over the investigation, but to clarify what they feel confused about.'
The jurors, a majority of whom are women, have generally stayed engaged and observant throughout the first days of Craig's trial. They appeared particularly focused on the testimonies of Caitlin Romero, the former office manager for Craig's dental practice, who says she saw a foil packet of potassium cyanide delivered to his office; Michelle Redfearn, the wife of Craig's long-time dental practice partner and Angela's friend; as well as Craig's daughters.
Rose Spychala, one of the nurses who treated Angela Craig at the hospital on March 15 – when she was hospitalized for the third and final time – demonstrated the equipment used while treating her and testified that James Craig took photos of his wife from the hallway. A juror asked whether she had ever seen other families take photos of a patient while receiving emergency medical care. Spychala said no – she hadn't seen it before.
After Romero's testimony, jurors asked her several questions, including about Craig's computer, how packages to the office were usually addressed and whether she had her original text chains with Craig.
David Lee, who worked on processing the digital evidence from cell phones belonging to Craig and his wife and a computer and DVR, was asked whether it's possible to tell if data had been altered. He said that it is generally possible, although it depends on many variables.
Cassie Rodriquez, a customer service representative for Midland Scientific, where the cyanide order was placed, and Angel Amerine, Craig's onetime dental assistant, were also asked to clarify details about their testimony.
A majority of states permit jurors to ask questions in some form, especially in civil cases, according to Banteka.
The specifics vary by jurisdiction. In some states, jurors are allowed to ask questions only in civil trials – and some, only if the judge and parties agree.
Colorado is one of three states that explicitly requires judges to allow jurors to ask questions in both civil and criminal trials, according to The Associated Press. At least six states forbid the practice outright.
The conflict comes down to different understandings of the role of the jury, according to Banteka.
Jurors who can ask questions tend to be 'more engaged and attentive,' according to Banteka. Asking questions can also help clarify confusing testimony and reduce misunderstandings.
'Judges in states where juror questioning is routine report that trials run smoothly and that jurors ask thoughtful, appropriate questions,' she said. Studies have shown jurors often leave the trial feeling more satisfied with their role and more confident in their verdict, she added.
And a juror's questions can offer attorneys a 'rare window' into how the jury is thinking.
But in other jurisdictions, there's concern that asking questions can undermine the neutrality of the jury. 'A juror who asks a question may start to form theories about the case too early, which can bias their interpretation of later evidence,' Banteka said.
'Critics also argue it blurs the line between advocate and fact-finder, shifting the trial away from the traditional adversarial model,' she said.
Another worry is that a juror's questions 'may inadvertently assist the prosecution in meeting its burden of proof.' If the prosecution fails to present needed testimony, a juror's question might fill in the gap.
'Courts have sometimes cited this risk in barring the practice of juror questions, warning that jurors could become 'mini-prosecutors' despite their best intentions,' Banteka explained.
Asking questions can also alter the group dynamic amongst jurors. 'A juror who poses multiple questions may come to dominate deliberations, or others may defer to their perceived authority,' Banteka said.
'Ultimately, it's a balancing act between promoting juror understanding and preserving the formal structure of the trial,' she added.
Craig's trial is taking place in the same courtroom where James Holmes was tried for opening fire in an Aurora, Colorado, movie theater, killing 12 people and injuring 70 others. In that trial, jurors were also able to ask questions. Like in the Craig trial, they wrote their questions on paper and passed them to the judge. Jurors asked witnesses more than 100 questions, according to The Associated Press.
CNN's Andi Babineau and Eric Levenson contributed to this report.