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El Chapo jurors could be in legal trouble for criminal contempt as defense readies push for retrial (with clip)
March 1, 2019
"...But the jury – who were carefully and secretly selected amid much concern for their safety – might now face legal ramifications of their own as Guzman’s defense appears set to file a motion mandating amid allegations of juror misconduct.
“There may be an evidentiary hearing to find out more, and then the jurors each have the right to their own attorneys. If they can’t afford it, it falls back to the courts to provide a public defender,” said a federal law enforcement official, who spoke of the condition of anonymity as they were not authorized to speak to the media. “Chapo’s defense could also argue for a change of venue altogether, insisting that everything is tainted again.”
The official also noted that Judge Brian Cogan should have sequestered the jury, essentially isolating them from the public for a period of time, to avoid external influences and exposure to media reports. But if proven, serious consequences may abound....
The Judge has granted the Defense until March 28 to file their motion. Depending on the outcome of the motion, either a “new trial” will be set or he will be sentenced as originally planned on June 25....
“Showing the court that the jurors' actions were equal to misconduct isn’t enough,” explained California-based attorney Arash Hashemi. “What this basically means is that El Chapo’s lawyers have to demonstrate that the so-called outside evidence is what made the jurors reach their verdict and without the outside evidence they would not have reached such a verdict.”...."
El Chapo jurors could be in legal trouble for criminal contempt as defense readies push for retrial
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March 1, 2019
"...But the jury – who were carefully and secretly selected amid much concern for their safety – might now face legal ramifications of their own as Guzman’s defense appears set to file a motion mandating amid allegations of juror misconduct.
“There may be an evidentiary hearing to find out more, and then the jurors each have the right to their own attorneys. If they can’t afford it, it falls back to the courts to provide a public defender,” said a federal law enforcement official, who spoke of the condition of anonymity as they were not authorized to speak to the media. “Chapo’s defense could also argue for a change of venue altogether, insisting that everything is tainted again.”
The official also noted that Judge Brian Cogan should have sequestered the jury, essentially isolating them from the public for a period of time, to avoid external influences and exposure to media reports. But if proven, serious consequences may abound....
The Judge has granted the Defense until March 28 to file their motion. Depending on the outcome of the motion, either a “new trial” will be set or he will be sentenced as originally planned on June 25....
“Showing the court that the jurors' actions were equal to misconduct isn’t enough,” explained California-based attorney Arash Hashemi. “What this basically means is that El Chapo’s lawyers have to demonstrate that the so-called outside evidence is what made the jurors reach their verdict and without the outside evidence they would not have reached such a verdict.”...."
El Chapo jurors could be in legal trouble for criminal contempt as defense readies push for retrial
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