Court looks at role of jurors in questioning

In what would be a precedent-setting ruling in Nevada, the court must decide whether Clark County District Judge Mark Gibbons properly allowed jury questions of witnesses.

The case involves Eulogio Flores, convicted in March 1997 of one count of robbery with a deadly weapon and another count of attempted murder with a deadly weapon for robbing a Las Vegas cabdriver in November 1995.

Flores was sentenced to a lengthy prison term for the crimes after a jury found him guilty.

Attorney Stephen Immerman, representing Flores through the Clark County Public Defender's Office, says Gibbons' decision to allow jurors to ask questions violated Flores' right to a fair and impartial trial.

Dismissal of the case would send a strong message that the rights of defendants in criminal trials in Nevada will be protected, Immerman adds.

But the Clark County District Attorney's office, through Chief Deputy District Attorney Christopher Laurent, argues that Flores wasn't prejudiced by the jury questioning and the conviction should be upheld.

The district attorney's office, in its brief submitted to the court, says, "juror participation in questioning promotes a more truth-oriented system of justice."

Gibbons let jurors write down their questions, which were reviewed by him and then read by the prosecution and defense to determine if there were any objections. If found acceptable, the questions were asked of witnesses by either the prosecutor or the defense attorney.

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