El Chapo Trial: Defense files motion for a new trial based on jury misconduct

Chivis Martinez Borderland Beat 

Comment from defense:  “We believe that juror misconduct deprived Joaquin of a fair trial in a case in which the defense was extremely restricted to begin with.  We look forward to vindicating his rights in a new trial before a jury that will abide by its oath.”

The motion is based on alleged jury misconduct.

A juror contacted a VICE reporter a day after the verdict to volunteer that jurors had violated their oath and rejected the Court’s incessant instructions by actively following and discussing the blizzard of media coverage, and falsely denying it upon judicial inquiry, throughout the three-month trial.

Of special note was Keegan Hamilton’s play by play coverage via social media.  In this forum many people, journalists, attorneys and the public became a part of the court news discussions.  Including myself.  

The juror’s accusation, if true, exposed the jury to a mountain of prejudices information that was not allowed to be entered into evidence.

Notably, prejudicial peripheral information, mostly given by a cooperative witness named Cifjuentes, who was deemed a liar not only by the FBI but by himself.  An example of the  allegations is that the defendant drugged and raped 13-year old girls. This was inadmissible, however if the jury was following the press they would have been exposed to this information.

The argument for a new trial is solid.  I go back to the fact that this juror had nothing to gain, and

much to lose coming forward. And in this case, he is including himself in the group that regularly followed the press coverage in the case, not simply casting blame on other jurors. 

 Additionally he did in fact vote to convict. 

Bottom line, no matter what one thinks of El Chapo’s criminality, and conviction, it is not  about him. This goes beyond that, it is about integrity in our system of jurisprudence.

Technology has raced far ahead of the law, whereas a cell phone is a virtual research library.

Jurors have the capability to instantaneously tweet, blog, text, e-mail, and look up facts and information during breaks, at home, or even in the jury room if they are allowed to keep their device. Not to mention well-meaning friends, sending information via cell phone.

Before the granting of  a new trial, the trial judge and attorneys must accurately assess the circumstances of misconduct through investigation and interview of the jurors. When the claimed misconduct involves improper juror research, under the evidence code, the court must determine whether the misconduct was  external to juror deliberations.

To merit a new trial, the result of the juror interview must confirm actual juror misconduct involving an external influence.

See motion filing below in full:

   El Chapo Trial 20190326 Motion for a New Trial-1 (1) by Chivis Martinez on Scribd