HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 022A - Exhibit A To Motion -StrickenCOUNTY COURT; LARIMER COUNTY, COLORADO
20 l La Porte A venue
Fort Collins, CO 80521-2761
(970) 498-6100
PEOPLE OF THE STATE OF COLORADO vs.
Defendant:
MICHAELLA L. SURAT
... COURT USE ONLY ...
Case No: 2017M965
Com1room: 4D
J URY INSTRUCTIONS
INSTRUCTIONS GIVEN BY THE COURT:
/
rd
DA TED this ;)3 day of .Auj I.A st=, 20 18.
EXHIBIT A
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INSTRUCTION NO.
Members of the jury, the evidence in this case has been completed. In a moment I will
read you the law which you must apply in order to reach your verdict. But first, I want to
mention a few things that you need to keep in mind when you are discussing this case in the jury
room.
It is my job to decide what rules of law apply to the case. While both parties may have
commented during the trial on some of these rules, you are to be guided by what I say about
them. You must follow all of the rules as I explain them to you. Even if you disagree or don't
understand the reasons for some of the rules, you must follow them. No single rule describes all
the law which must be applied. Therefore, the instructions must be considered together as a
whole.
During the course of the trial you received all of the evidence that you may properly
consider to decide the case. Your decision must be made by applying the rules of law which I
give you to the evidence presented at trial. You should not allow gender bias or any kind of
prejudice based upon gender to influence your decision. You must not be influenced by any
personal likes or dislikes, prejudices, sympathy, or biases, including unconscious bias.
Unconscious biases are stereotypes, attitudes, or preferences that people may consciously reject
but may be expressed without conscious awareness, control, or intention. Like conscious bias,
unconscious bias, too, can affect how we evaluate information and make decisions.
If you decide that the prosecution has proven beyond a reasonable doubt that the
defendant has committed the crime as charged, then it will be my job to decide what the
punishment will be. You should not try to guess what the punishment might be. It should not
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enter into your consideration at any time.
At times during the trial, one party made objections to questions asked by the other party,
or to answers by witnesses. Do not draw any conclusions from such objections or from my
rulings on the objections. These only related to the legal questions that I had to determine and
should not influence your thinking. When I told you not to consider a particular statement, you
were told to put that statement out of your mind, and you may not consider any statement in your
deliberations which you were instructed to disregard.
Sometimes in the trial I may have asked questions of witnesses. When I asked questions,
that did not indicate I had any opinion about the facts in the case.
Finally, you should consider all the evidence in light of your observations and experience
in life.
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INSTRUCTION NO. )__
The charges against the defendant are the prosecution's claims that she committed the
crimes. The charges are not evidence that the defendant committed the crimes, and are merely
accusations.
In this case the charges are: (I) Resisting Arrest and (2) Obstructing a Peace Officer,
alleged to have occurred in Larimer County, Colorado, on or about April 6, 2017. The Defendant
has pleaded not guilty.
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INSTRUCTION NO.
In this case, a separate offense is charged against the defendant for each count of the
Complaint. Each count charges a separate and distinct offense and the evidence and the law
applicable to each count should be considered separately, uninfluenced by your decision as to any
other count. The fact that you may find the defendant guilty or not guilty of one of the offenses
charged should not control your verdict as to any other offense charged against the defendant.
The defendant may be found guilty or not guilty of any one or all of the offenses charged.
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INSTRUCTION NO. ~
Every person charged with a crime is presumed innocent. This presumption of innocence
remains with the defendant throughout the trial and should be given effect by you unless, after
considering all of the evidence, you are then convinced that the defendant is guilty beyond a
reasonable doubt.
The burden of proof is upon the prosecution to prove to the satisfaction of the jury beyond
a reasonable doubt the existence of all the elements necessary to constitute the crime charged.
Reasonable doubt means a doubt based upon reason and common sense which arises
from a fair and rational consideration of all the evidence, or the lack of evidence, in the case. It
is a doubt which is not a vague, speculative or imaginary doubt, but such a doubt as would cause
reasonable people to hesitate to act in matters of importance to themselves.
If you find from the evidence that each and every element has been proven beyond a
reasonable doubt, you will find the defendant guilty. If you find from the evidence that the
prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you
will find the defendant not guilty.
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fNSTRUCTION NO. ~
The elements of the crime of resisting arrest are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly,
4. prevented or attempted to prevent a peace officer
5. acting under color of his official authority,
6. from effecting an arrest of the defendant or another,
7. by using or threatening to use physical force or violence
8. against the peace officer or another,
9. without the affirmative defense in instruction number JQ_.
After considering all the evidence, if you decide the prosecution has proven each of the
elements beyond a reasonable doubt, you should find the defendant guilty of resisting arrest.
After considering all the evidence, if you decide the prosecution has failed to prove any
one of the elements beyond a reasonable doubt. you should find the defendant not guilty of
resisting arrest.
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INSTRUCTION NO.
The elements of the crime of obstructing a peace officer are:
1 . That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly,
4. obstructed, impaired, or hindered the preservation of the peace,
5. by a peace officer,
6. acting under color of his official authority,
7. by using or threatening to use violence, force or physical interference or obstacle,
8. without the affirmative defense in instruction number \0 .
After considering all the evidence, if you decide the prosecution has proven each of the
elements beyond a reasonable doubt, you should find the defendant guilty of obstructing
~mment operatiul't'S': CA- ~<A.Ve. % W ,
After considering all the evidence, if you decide the prosecution has failed to prove any one
or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of
obstructing goverrnn~Rt eperation~ CA._ ~tt:zGe__ 0 ~l,.er,
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INSTRUCTION NO. _±____
Concerning the charges in this case, certain words or phrases have a particular meaning.
The following are the definitions of these words and phrases:
"PEACE OFFICER" means a peace officer in uniform, or if out of uniform, one who has
identified himself by exhibiting his credentials as such peace officer to the person
whose arrest is attempted.
For purposes of Resisting Arrest;
"UNDER COLOR OF HIS OFFICIAL AUTHORITY" a peace officer acts under color of his or
her official authority when, in the regular course of assigned duties, he or she is
called upon to make, and does make, a judgment in good faith based upon
surrounding facts and circumstances that an arrest should be made by him.
For purposes of Obstructing a Peace Officer;
"UNDER COLOR OF HIS OFFICIAL AUTHORlTY" a peace officer acts under color of his or
her official authority, if in the regular course of assigned duties, he or she makes a
judgment in good faith based on surrounding facts and circumstances that he or
she must act to enforce the law or preserve the peace.
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fNSTRUCTION NO.
It is no defense to a prosecution of resisting arrest that the peace officer was attempting to
make an arrest which in fact was unlawful, if he was acting under color of his official authority,
and in attempting to make the arrest he was not resorting to unreasonable or excessive force
giving rise to the right of self-defense.
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INSTRUCTION NO. __3_
It is no defense to the charge of Obstructing a Peace Officer that the peace officer was
acting in an illegal manner, if he was acting under color of his authority, and he was not resorting to
unreasonable or excessive force giving rise to the right of self-defense.
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INSTRUCTION NO. - -\0 --
The evidence presented in this case has raised the affirmative defense of "defense of
person," as a defense to resisting arrest and obstructing a peace officer.
The defendant was legally authorized to use physical force upon another person without
first retreating if:
1. she used that physical force in order to defend herself or a third person from what
a reasonable person would believe to be the use or imminent use of unlawful
physical force by that other person, and
2. she used a degree of force which a reasonable person would believe to be
necessary for that purpose, and
3. she was not the initial aggressor, or, if she was the initial aggressor, she had
withdrawn from the encounter and effectively communicated to the other person
her intent to do so, and the other person nevertheless continued or threatened the
use of unlawful physical force.
The prosecution has the burden to prove, beyond a reasonable doubt, that the defendant's
conduct was not legally authorized by this defense. In order to meet this burden of proof. the
prosecution must disprove, beyond a reasonable doubt, at least one of the above numbered
conditions.
After considering all the evidence, if you decide the prosecution has failed to meet this
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burden of proof, then the prosecution has failed to prove the defendant's conduct was not legally
authorized by this defense, which is an essential element of obstructing a peace officer and
resisting arrest. In that event, you must return a verdict of not guilty of those offenses.
After considering all the evidence, if you decide the prosecution has met this burden of
proof, then the prosecution has proved the defendant's conduct was not legally authorized by this
defense. In that event, your verdicts concerning the charges of obstructing a peace officer and
resisting arrest must depend upon your determination whether the prosecution has met its burden
of proof with respect to the remaining elements of those offenses.
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INSTRUCTION NO. _ \_\ _
A peace officer is justified in using reasonable and appropriate physical force upon
another person when and to the extent that he reasonably believes it necessary:
(a) To effect an arrest or to prevent the escape from custody of an arrested person unless he
knows that the arrest is unauthorized; or
(b) To defend himself or a third person from what he reasonably believes to be the use or
imminent use of physical force while effecting or attempting to effect such an arrest or while
preventing or attempting to prevent such an escape.
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INSTRUCTION NO. \ ~
A crime is committed when a defendant has committed a voluntary act prohibited by law
accompanied by a culpable mental state. Voluntary act means an act performed consciously as a
result of effort or determination. Culpable mental state means knowingly, as explained in this
instruction. Proof of the commission of the act alone is not sufficient to prove that a defendant
has the required culpable mental state. The culpable mental state is as much an element of the
crime as the act itself and must be proven beyond a reasonable doubt, either by direct or
circumstantial evidence.
A person acts "knowingly" with respect to conduct or to a circumstance described by a
statute defining an offense when she is aware that her conduct is of such nature or that such
circumstance exists. A person acts "knowingly" with respect to a result of her conduct when she
is aware that her conduct is practically certain to cause the result.
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INSTRUCTION NO. \ ~
Evidence of self-induced intoxication is not admissible to negate the culpability element
of "knowingly".
"Intoxication" means a disturbance of mental or physical capacities resulting from the
introduction of any substance into the body.
"Self-induced intoxication" means intoxication caused by substances that the defendant
knows or ought to know have the tendency to cause intoxication and that she knowingly
introduced or allowed to be introduced into her body.
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INSTRUCTION NO. \ vt
In order to convict the defendant of Resisting Arrest or Obstruction of a Peace Officer,
you must either unanimously agree that the defendant committed the same act or acts to
constitute the commission of one or both of those offenses, or that she committed all of the acts
alleged.
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_..,-.
INSTRUCTION NO. IS
The simple content of spoken or written words themselves, whether considered vulgar or
otherwise, may not be construed as constituting criminal conduct. Criminal conduct may only be
considered from an incident involving communication when the context of the communication
takes the communication to a place where it tends to provoke or incite a breach of the peace.
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INSTRUCTION NO. \b
The mere number of witnesses testifying for or against a certain point does not
necessarily prove or disprove that point.
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INSTRUCTION NO. \ 11-
In deciding what testimony to believe, you should carefully consider all of the testimony
given and the circumstances under which each witness has testified.
Consider each witness' knowledge, motive, state of mind, demeanor, and manner while
on the stand. Consider the witness' means of knowledge, ability to observe, and strength of
memory. Consider also any relationship each witness may have to either side of the case; the
manner in which each witness might be affected by the verdict; and the extent to which, if at all,
each witness is either supported or contradicted by other evidence in the case. You should
consider all facts and circumstances shown by the evidence which affects the credibility of the
witness' testimony.
You may believe all of the testimony of a witness, part of it, or none of it.
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INSTRUCTION NO. \~
An arrest may be made on any day and at any time of day or night. All necessary and
reasonable force may be used in making an arrest. All necessary and reasonable force may be
used to effect an entry upon any building or property thereof to make an authorized arrest.
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INSTRUCTION NO. J_1_
A Peace Officer may arrest a person when:
1. He has a warrant commanding that such a person be arrested; or
2. Any crime has been committed by such person in his presence; or
3. He has probable cause to believe that an offense was committed and has probable
cause to believe that the offense was committed by the person to be arrested.
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INSTRUCTION NO. -:JO
A peace officer may stop any person who he reasonably suspects is committing, has
committed, or is about to commit a crime and may require him to give his name and address,
identification if available, and an explanation of his actions. A peace officer shall not require any
person who is stopped pursuant to this section to produce or divulge such person's social security
number. This stopping shall not constitute an arrest.
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INSTRUCTION NO. ~
You have heard witnesses who have testified as experts. You are not bound by the
testimony of an expert; this testimony is to be weighed as that of any other witness. It is entirely
your decision to determine what weight shall be given to the testimony.
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INSTRUCTION NO.
The Defendant is never compelled to testify, and the fact that she does not, cannot be
used as an inference of guilt and cannot prejudice her in any way.
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INSTRUCTION NO. J 3
It is the defendant's theory of the case that Michaela Surat neither obstructed any officer
nor resisted an arrest. Neither Officer Klamser nor Pastor gave Ms. Surat an order to not
approach Klamser. Klamser never explained to Michaela that he did not want her that close to
Waltz or Pastor. Ms. Surat reacted to Klamser·s going hands on with her. At no time did
Klamser order her to leave. She reasonably believed she had committed no crime to this point.
By grabbing her, she reasonably believed that because she had done nothing wrong, Klamser was
using unlawful force on her and she was merely attempting to disengage from him and remove
his unlawful grip from her wrist. She was using reasonable force to counter Klamser's unlawful
use of force in grabbing her. When she attempted to stand up after the take-down it was in an
effort to preserve her safety and was reasonable. When she collapsed while walking to the
vehicle, she was again using reasonable force to counter Klamser's unlawful conduct in gripping
her arm so tightly he was causing her pain. The defense further theorizes that one cannot resist
arrest once an arrest has been made.
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INSTRUCTION NO. dli
Evidence may be either direct or circumstantial. Circumstantial evidence is the proof of
facts or circumstances from which the existence or nonexistence of other facts may reasonably be
inferred. All other evidence is direct evidence. The law makes no distinction between the effect
of direct evidence and circumstantial evidence.
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INSTRUCTION NO.
At times throughout the trial the court has been called upon to pass on the question
whether or not certain offered evidence might properly be admitted. You are not to be concerned
with the reasons for such rulings and are not to draw any inferences from them. Whether offered
evidence is admissible is purely a question of law. In admitting evidence to which an objection
is made, the Court does not determine what weight should be given such evidence; nor does it
pass on the credibility of the witness. You are not to fom1 any prejudice for or against either
counsel or parties whom they represent by reason of objection interposed or the exclusion of
evidence because of objection thereto, for it is the duty of counsel to offer reasonable objections
to evidence deemed inadmissible.
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fNSTRUCTION NO. 'J_kJ
During this trial you were permitted to submit written questions to witnesses. If a
particular question was not asked, do not guess why the question was not asked or what the
answer might have been. My decision not to ask a question submitted by a juror is not a
reflection on the person asking it, and you should not attach any significance to the failure to ask
a question. By making legal rulings on the admissibility of questions. I did not intend to suggest
or express any opinion about the question. My decision whether or not to allow a question is
based on the applicable rules of evidence and other rules of law, and not on the facts of this
particular case. It is my responsibility to assure that all parties receive a fair trial according to the
law and the rules of evidence.
The fact that certain questions were not asked must not affect your consideration of the
evidence in any way. Do not give greater weight to questions submitted by yourself or your
fellow jurors. In making your decision, you must consider all of the evidence that has been
presented.
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INSTRUCTION NO.
You are instructed that while any juror was permitted to take notes during the trial of this
case, and may take such notes he or she has made to the jury room, the same are, nevertheless,
not testimony and no juror may take or use any notes made by another juror.
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INSTRUCTION NO.
Members of the jury, you may discuss this case only when you are all present and you
may only deliberate in the jury room. No juror should attempt to discuss this case with other
jurors or anyone else at any other time except when all six jurors are in the jury room.
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INSTRUCTION NO.
Once you begin your deliberations, if you have a question, your chief juror should write it
on a piece of paper, sign it and give it to the clerk, who will bring it to me.
The Court will then determine the appropriate way to answer the question. However,
there may be some questions that, under the law, the Court is not permitted to answer. Please do
not speculate about what the answer to your question might have been or why the Court is not
able to answer a particular question.
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INSTRUCTION NO. ~
The clerk will escort you to the jury room following the closing arguments. Upon
reaching the jury room, you are to select one of your members to be the chief juror of the jury.
Your chief juror will preside over your deliberations and shall sign whatever verdict you reach.
The verdict must represent the considered judgment of each juror. In order to return a
verdict, it is necessary that each juror agree to it. Your verdict must be unanimous.
Only one verdict shall be signed for each count. The verdict forms and these instructions
shall remain in the possession of your chief juror until such time as they are called for by the
Court. Upon reaching your verdict, you will inform the clerk, who in tum will notify the Court,
and you will remain in your jury room until called into the courtroom.
You will be provided one verdict form for each count. When you have unanimously
agreed upon your verdict the chief juror will sign either 1 or II, whichever accurately reflects your
verdict.
The verdict forms you will receive read as follows: (Read verdict forms).
You are further instructed that no inferences are to be drawn from the order in which the
Court read the verdicts.
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