The 10th Circuit Court of Appeals will hear oral arguments today in a jury discrimination case involving a member of the Ute Mountain Ute Tribe.

Kerry Dean Benally, 36, was found guilty of assaulting Bureau of Indian Affairs officer on the Utah portion of the Ute Mountain Ute Reservation. But Judge Dale Kimball threw out the verdict and ordered a new trial due to biased statements made by jury members.

Juror Karen Cano said the jury foreman stated, "When Indians get alcohol, they all get drunk," the Associated Press reported in December 2007. Another juror asked "what would happen if we found him not guilty? What kind of message would we be sending back to the reservation?" Cano said.

The U.S. Attorney's Office in Utah appealed the decision. The 10th Circuit hearing is taking place in Salt Lake City.

Get the Story:
Dismissal for racial comments appealed (The Salt Lake City Deseret News 8/20)

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