People v. Zurenko, 833 P.2d 794 (Colo. Ct. App. 1991). · Go Syfert
People v. Zurenko, 833 P.2d 794 (Colo. Ct. App. 1991). Cases Citing This Book View Copy Cite
“while certain personnel of dss the department of social services investigate complaints of abuse, these personnel have no power to arrest or prosecute offenders. thus, the trial court did not err by refusing defendant's challenge for cause to the juror employed by dss.”
19 citation events (12 in the last 25 years) across 2 distinct courts.
Strongest positive: v. Avila
Top citers, strongest first. 10 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) v. Avila
unknown court · 2019 · quote attribution · 1 verbatim quote · confidence high
while certain personnel of dss the department of social services investigate complaints of abuse, these personnel have no power to arrest or prosecute offenders. thus, the trial court did not err by refusing defendant's challenge for cause to the juror employed by dss.
discussed Cited as authority (rule) People v. Carter
Colo. Ct. App. · 2015 · confidence medium
In the context of the challenge for cause statute, “a law enforcement agency is a police-like division of government that has the authority to investigate crimes and to arrest, to prosecute, or to detain suspected criminals.” Ma v. People, 121 P.3d 205, 211 (Colo. 2005). ¶ 13 Conversely, numerous cases have held that “agencies responsible for enforcing civil regulations are not law enforcement agencies for the purpose of section 16-10-10'3(l)(k).” Id. (citing People v. Urrutia, 893 P.2d 1338, 1346 (Colo. App. 1994) (Department of Defense); People v. Zurenko, 833 P.2d 794, 796 (Colo. A…
discussed Cited as authority (rule) People v. Hancock
Colo. Ct. App. · 2009 · confidence medium
See People v. Gurule, 628 P.2d 99, 103 (Colo.1981)(reversal required where juror's responses "did not manifest that type of uncertainty or ambivalence that, of necessity, *1017 would have required the court to assess her credibility and general demeanor in ruling on the defendant's challenge for cause"); Morgan, 624 P.2d at 1332 (reversal required where, although juror indicated he could "go along" with principles of law regarding presumption of innocence and right to remain silent, he repeatedly indicated that he would have difficulty applying the principle that the burden of proof rests sole…
discussed Cited as authority (rule) People v. Romero
Colo. Ct. App. · 2008 · confidence medium
No. 05CA0206, Oct. 18, 2007) (federal Transportation Security Agency is not a public law enforcement agency); People v. Simon, 100 P.3d 487, 490-91 (Colo.App.2004) (federal Environmental Protection Agency is not a public law enforcement agency); Urrutia, 893 P.2d at 1345-46 (federal Department of Defense is not a public law enforcement agency); People v. Zurenko, 833 P.2d 794, 796 (Colo.App.1991) (state Department of Social Services and federal Equal Employment Opportunity Commission are not public law enforcement agencies).
discussed Cited "see" Peo v. Ladd
Colo. Ct. App. · 2024 · signal: see · confidence high
See People v. Zurenko, 833 P.2d 794, 797 (Colo. App. 1991) (noting an appellate court “may not assume” that a juror would render an impartial verdict where no attempt was made to determine if she could apply the law after she indicated a preconceived bias); see also Maestas, ¶ 19 (concluding the trial court reversibly erred by denying a challenge for cause to a prospective juror who said she might hold the defendant’s silence against him, was “never rehabilitated,” and sat on the jury). ¶ 16 Nor do we attribute any significance to Juror T’s silence in response to defense counsel�…
discussed Cited "see" People v. Speer
Colo. Ct. App. · 2008 · signal: see · confidence high
Simon, 100 P.3d at 491 ; see People v. Zurenko, 833 P.2d 794, 796 (Colo.App.1991) (reaching same conclusion as to Department of Social Services and Equal Employment Opportunity Commission); People v. Topping, 764 P.2d 369, 370 (Colo.App.1988) (reaching same conclusion as to State Department of Administration), aff'd on other grounds, 793 P.2d 1168 (Colo.1990); Urrutia, 893 P.2d at 1345-46 (reaching same conclusion as to Department of Defense).
discussed Cited "see" People v. Urrutia
Colo. Ct. App. · 1994 · signal: see · confidence high
See People v. Zurenko, 833 P.2d 794 (Colo.App.1991) (neither Department of Social Services nor Equal Employment Opportunity Commission is a law enforcement agency for purposes of § 16 — 10—103(l)(k)); People v. Rogers, 690 P.2d 886 (Colo.App.1984) (firefighter at Rocky Mountain Arsenal not an employee of a public law enforcement agency).
discussed Cited "see, e.g." Peo v. Black
Colo. Ct. App. · 2025 · signal: see also · confidence medium
We thus disagree with the People that Juror R’s equivocal statements either did not require rehabilitation, see Blassingame, ¶ 21 (concluding that the juror’s uncertain and equivocal responses required “some rehabilitation” before the juror “could be deemed fit to serve on the jury”), or were sufficiently rehabilitating themselves to assure the court that he could serve as a fair and impartial juror, 8 see People v. Maestas, 2014 COA 139M, ¶ 19 (concluding that the trial court reversibly erred by denying a challenge for cause to a deliberating juror who said she might hold the de…
discussed Cited "see, e.g." Ma v. People (2×)
Colo. · 2005 · signal: see, e.g. · confidence medium
See, e.g., People v. Zurenko, 833 P.2d 794, 796 (Colo.App.1991) (Department of Social Services and Equal Employment Opportunity Commission); People v. Topping, 764 P.2d 369, 370 (Colo.App.1988) (State Department of Administration), aff'd on other grounds, 793 P.2d 1168 (Colo.1990); People v. Urrutia, 893 P.2d 1338, 1346 (Colo.App.1994) (Department of Defense); Simon, 100 P.3d at 491 (Environmental Protection Agency); cf. People v. Scott, 41 Colo.App. 66 , 583 P.2d 939, 941 (1978) (holding that the Department of Corrections is a law enforcement agency because some of the agency’s personnel ha…
cited Cited "see, e.g." People v. Robinson
Colo. Ct. App. · 1993 · signal: compare · confidence low
Compare People v. Taggart, supra, with People v. Zurenko, 833 P.2d 794 (Colo.App.1991).
Retrieving the full opinion text from the archive…
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
Michael ZURENKO, Defendant-Appellant
90CA0068.
Colorado Court of Appeals.
Dec 19, 1991.
833 P.2d 794
1991 Colo. App. LEXIS 393
1991 WL 272701
Gale Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Cheryl A. Linden, Asst. Atty. Gen., Denver, for plaintiff-appellee., Haddon, Morgan & Foreman, P.C., Norman R. Mueller, Rachel A. Beilis, Denver, for defendant-appellant.
Ruland, Sternberg, Reed.
Cited by 16 opinions  |  Published

Opinion by

Judge RULAND.

Defendant, Michael Zurenko, appeals from judgments entered upon jury verdicts convicting him of one count of sexual assault on each of his two daughters. We reverse and remand for a new trial.

A physician, acting as pediatric consultant to the Department of Social Services, examined both children. During the examinations, the physician noticed physical abnormalities which suggested the occurrence of sexual abuse. The physician testified for the prosecution both with reference to the physical examination and to the statements of the children during the course of the examination.

I

Defendant first contends that there was insufficient evidence to support his conviction of sexual assault on the younger child. Specifically, defendant argues that neither the younger daughter’s statements nor the medical evidence provide sufficient support for the jury’s verdict. We disagree.

In considering a challenge to the sufficiency of evidence in a criminal case, the reviewing court must determine whether the evidence, both direct and circumstantial, when viewed as a whole and in a light most favorable to the prosecution, is substantial and sufficient to support a conclusion by a reasonable person that the defendant is guilty of the crime beyond a reasonable doubt. Taylor v. People, 723 P.2d 131 (Colo.1986). If there is sufficient competent evidence to establish the elements of a crime, the guilty verdict will not be disturbed by an appellate court despite conflicts and inconsistencies in the evidence. People v. Diefenderfer, 784 P.2d 741 (Colo.1989).

Applying these tests to the evidence at hand, we conclude that the evidence and the inferences from that evidence were sufficient to support a conclusion by a reasonable person that defendant sexually assaulted his daughter.

Specifically, the examining physician testified that the area around the younger child’s anus was very red and that this irritation extended to the vaginal area. Also, the physician testified that this type of irritation is consistent with a penis rubbing up and down in that area. Moreover, the younger child said to the examining physician that her father “hurt” her in the vaginal area.

Later, the younger daughter, while “pounding” on her buttocks, told her mother that her father touched her there. Finally, the mother stated that there was a change in the younger child’s behavior subsequent to the occurrence of the offense. In particular, the child started having nightmares and would insist on sleeping with her mother because she was frightened. See Stevens v. People, 796 P.2d 946 (Colo.1990) (Certain behavioral changes in children are indicative of sexual abuse, including fear of men and changes in sleep patterns.).

Contrary to defendant’s contention, we do not view the expert’s indication that the physical condition of the younger child was of recent origin as precluding the jury from finding that an assault occurred approximately one month earlier. The expert modified her initial opinion that the condition was of recent origin by also stating that it was difficult to determine the time frame for a physical condition of this nature. Hence, the jury could reasonably infer that the same condition existed approximately one month earlier.

II

Defendant next contends that the trial court committed prejudicial error by refusing his challenges for cause to three prospective jurors. We agree with reference to one juror, and thus, we remand for a new trial.

A

Initially, we reject the prosecution’s contention, based upon Ross v. Oklahoma, [*796] 487 U.S. 81, 108 S.Ct. 2273, 101 L.Ed.2d 80 (1988), that defendant failed to establish the requisite prejudice to complain on appeal of the trial court’s ruling.

Unlike the Oklahoma statutory scheme discussed by the United States Supreme Court in Róss, the essence of a peremptory challenge under § 16-10-104, C.R.S. (1986 RephVol. 8A) is that it may be exercised without any stated reason and without judicial inquiry. The function of the challenge is to remove a juror for real or imagined partiality that is difficult to demonstrate. See People v. Fink, 41 Colo.App. 47, 579 P.2d 659 (1978). In Oklahoma, on the other hand, a defendant preserves the erroneous ruling on a challenge for cause only if all peremptories are exhausted and an incompetent juror remains on the jury. As a result, in our view, prejudice is shown if, as here, defendant exhausts all of his peremptory challenges, and one of those challenges is expended on a juror who should have been removed for cause. See People v. Silvola, 190 Colo. 363, 547 P.2d 1283, cert, denied, 429 U.S. 886, 97 S.Ct. 238, 50 L.Ed.2d 167 (1976); People v. Macrander, 817 P.2d 579 (Colo.App.1991) (cert. granted, September 23, 1991); see also Crim.P. 24(d)(3).

B

Defendant first contends that two prospective jurors were compensated employees of public law enforcement agencies and, thus, were ineligible to sit on the jury pursuant to § 16-10-103(l)(k), C.R.S. (1986 Repl.Vol. 8A). One juror is employed by the Department of Social Services (DSS) and the other is employed by the Equal Employment Opportunity Commission (EEOC). We find no merit in defendant’s contention.

We agree with the trial court’s determination that neither DSS nor EEOC constitute law enforcement agencies. In our view, DSS is properly characterized as a public assistance and welfare organization. Section 24-1-120, C.R.S. (1988 Repl.Vol. 10A). Its responsibilities include administering various statutory plans for assistance payments, food stamps, health and medical assistance, child welfare services, rehabilitation, and programs for the aging. Section 26-1-109, C.R.S. (1989 Repl.Vol. 11B). While certain personnel of DSS investigate complaints of abuse, these personnel have no power to arrest or prosecute offenders. Thus, the trial court did not err by refusing defendant’s challenge for cause to the juror employed by DSS.

Similarly, we do not view EEOC as a law enforcement agency under the statute. Instead, EEOC is primarily an investigatory and conciliatory organization. 42 U.S.C. § 2000e, et seq. (1982); see Blackshere v. Allied Materials Corp., 466 F.Supp. 22 (W.D.Okla.1978). Among its many powers include investigating charges of employment discrimination and assessing affirmative action program plans. However, EEOC personnel have no statutory authority to arrest or prosecute offenders. Again, the trial court did not err by refusing defendant’s challenge for cause to the juror employed by EEOC.

C

We agree with defendant’s contention that the trial court erred in declining to discharge one juror based upon bias.

This prospective juror was a member of a volunteer organization formed to prevent child abuse and to assist victims of that abuse. Voir dire revealed that the physician who later testified as an expert on behalf of the prosecution addressed the juror’s organization on the subject of communication with children.

Following the trial court’s inquiry as to whether the prospective juror could be fair and impartial, notwithstanding this address, the juror responded in the affirmative. The juror also indicated in response to questions from the prosecution that she would presume defendant innocent and require the prosecution to sustain its burden of proof before returning a guilty verdict. However, upon being questioned by defense counsel, the juror described the physician as “a wonderful person,” and as “intelligent.”

The following colloquy then occurred:

[*797] Q: Would you be more inclined to believe her testimony as a result of the fact that you had that workshop with her?
A: Yeah.
Q: You’d lay a little more emphasis on her testimony?
A: Yeah, because I had a favorable impression of her.
Q: That’s ... kind of a feeling you can’t easily put aside?
A: That’s right....
Q: Would it be more difficult for you to disbelieve something that [the physician] would testify to because you had that impression of her?
A: I probably would, to be honest....
Q: Knowing that you had that favorable impression in the workshop with [the physician], would you agree that it might be hard to be fair knowing she’s a primary witness in this ease?
A: That’s probably true because I’m biased in favor of her because of my exposure to her.

No additional questions were asked of the juror.

In response to defendant’s challenge for cause, the trial court determined that counsel’s characterization of the physician as a primary witness was improper, and it then rejected the challenge for cause.

Unlike People v. Esch, 786 P.2d 462 (Colo.App.1989), no attempt was made after the defense counsel’s examination to determine whether, in spite of the juror’s view of the physician’s testimony, she would still be capable of rendering a verdict based on the law and on the evidence. See People v. Taggart, 621 P.2d 1375 (Colo.1981). Similarly, unlike People v. West, 724 P.2d 623 (Colo.1986), defense counsel fully explained the basis for his challenge, but no attempt was made to determine whether the juror would be able to reject the physician’s testimony if it were not credible.

We recognize that the trial court is granted broad discretion in determining whether a prospective juror should be excused when bias is claimed. See People v. Drake, 748 P.2d 1237 (Colo.1988). However, in this case, the physician was the only expert called to testify concerning the physical symptoms of abuse revealed by her examination of defendant’s daughters. And, when, as here, a juror’s final responses to questions on voir dire indicate a clear expression of bias in favor of a significant prosecution witness, we may not assume that the juror will render an impartial verdict. See Nailor v. People, 200 Colo. 30, 612 P.2d 79 (1980); People v. Brown, 44 Colo.App. 397, 622 P.2d 573 (1980). Hence, the challenge for cause should have been granted. See Nailor v. People, supra.

Because of our resolution of this issue, it is unnecessary to address defendant’s other contentions on appeal.

The judgments are reversed, and the cause is remanded for a new trial.

STERNBERG, C.J., and REED, J., concur.