The 9th U.S. Circuit Court of Appeals ruled this week that Attila Colar did not receive a fair trial because the judge overseeing the 2023 proceedings permitted a juror to remain on the panel despite clear signs the person could not be impartial. The decision opens the door for prosecutors to retry Colar, though the U.S. Attorney’s Office for the Northern District of California has not said whether it plans to do so.

Colar’s case first drew widespread attention through a 2023 CalMatters investigation into California’s parolee rehabilitation programs. That reporting examined Colar’s Bay Area operation, All Hands on Deck, as part of a broader look at how the state has funneled hundreds of millions of dollars into rehabilitation efforts for former inmates without being able to show whether those programs actually reduce crime or help participants find steady work.

Colar was convicted in 2023 on 44 felony counts tied to fraudulent Paycheck Protection Program applications and efforts to obstruct a federal investigation into his business dealings.

During portions of his trial, Colar represented himself and questioned prospective jurors about whether they believed law enforcement had a history of targeting Black religious organizations. Colar, who is Black and Muslim, made several comments suggesting he believed he had been unfairly singled out by authorities.

One juror pushed back sharply against those remarks, telling the court that whenever Colar spoke, he heard only “discrimination, conspiracy theories, and police corruption.” While the juror said he could remain fair and noted he had faced discrimination in his own life, he also expressed clear doubt about Colar’s claims of police misconduct and bias.

Colar’s attorneys objected to keeping that juror on the panel, but the trial judge declined to remove him. Weeks later, the jury returned guilty verdicts on all counts.

In its ruling, the 9th Circuit determined that the juror’s comments went beyond ordinary skepticism and reflected a personal bias he admitted he could not set aside. The appellate judges wrote that his views were shaped by his own experiences and emotions, and that he had been direct with the court about his inability to remain neutral on the subject.

With the conviction vacated, Colar’s case now returns to square one, and prosecutors will have to decide whether to bring the charges again. The outcome could have broader implications for how California oversees privately run rehabilitation programs that receive public funding but face little independent scrutiny over their effectiveness.

Original source: CalMatters

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