Tuesday, March 26, 2019

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:

41 comments:

  1. Give me a break, it's done and over with. Chapi is has gotten what he deserves life in prison.

    ReplyDelete
  2. I am also one of the people referenced by name in the motion memorandum. I am not a reporter. I am a private citizen. Apparently tweeting will now get your name dragged into court cases involving major organized crime figures.

    ReplyDelete
    Replies
    1. Page 6 towards the bottom of the page

      Delete
    2. 7:46 i'm reminded of congress, they used to have free choice of Pages back in the day, some senators too, before the days or restoring congress back to airport stalls...

      Delete
    3. Carl--as you know anything posted on social media is fair game. and is there forever. I read your tweet and found it a sound conclusion. What Balarezo and the other attys were demonstrating was the content that could effect the naughty jurors.

      Thanks for writing in

      Paz

      Chivis

      Delete
    4. @Chivis I've been visiting BB for years. Thanks for all the work you and the rest of the BB contributors put into this site.

      Delete
    5. Thank you Carl! I visited your twitter page, you are a very interesting fellow!

      Take care

      Delete
    6. Received your comment but uncertain what you want me to do...you can email if still important chivis.martinez@husmail

      Delete
  3. Like the judges in Mexico, that put on a white wig ..."Caso Cerrado". Case closed, the evidence was presented, the jury saw. Life in prison. Arrival Mexico

    ReplyDelete
  4. The draconian restrictions on the defense are another solid reason for a new trial, and more new trials until the judge gets it right and allow a defense. Next they will come for you, if this slides. You are under arrest for thinking too much ! Out of control judges must be stopped voted out and/or impeached. Getting like Cuba.

    ReplyDelete
    Replies
    1. 11:36 Free Chapo!
      Fry Roger Stone, mainly por puto.

      Delete
  5. Give it up chapo! You already tried blaming everything on el mayo and that didn't even work either!!

    ReplyDelete
    Replies
    1. Chapo ain't gonna get out.

      Delete
    2. 11:49 el chapo just said:
      "I know el Mayo, he is my compadre, you are no Mayo"

      Delete
  6. Everyone who knows the law a bit knew this was going to happen. Definitely a concern for the defendant as whether a fair trial was given.
    A judiciary system is in place for a reason. Despite his admittance to drug trafficking to Sean Penn added with his ego ect. Everyone deserves a right to a fair trial.
    If this erroneous issue is not taken seriously, what's the point of having this justice system if not abiding by?

    ReplyDelete
    Replies
    1. I agree 100--it is not about chapo

      Delete
    2. Can only imagine how much money will be spent again to try this case. Along with the circus of witnesses testifying.
      Let's not forget those dubious government agreements which were never allowed in the first place due to its sensitivity of government procedures.

      Another circus is in the works. Media and news outlets will have their ratings higher from covering this again. People want to know despite turning a blind eye to all those unjustly convicted.

      Delete
    3. Just who is paying these defendants that demand a fair trial? I, thought Chapo had no money to begin with so who are these clever people that can ask for such things?
      Or am I, missing something here?

      Delete
    4. 1:12 It is about a one billion dollars, for a "fictitious wall",
      Restrictions to the defense should not get on the way.

      Delete
  7. What if this was the plan all along? What if Chapo somehow got a hold of a jurors identity and plotted this right before or during the trial? Only to have a backup plan in the event he was found guilty.

    Yes, it seems farfetched but so does escaping jail through a tunnel.

    ReplyDelete
    Replies
    1. I was thinking the same thing. If I recall correctly, one of the Forum posts said that Chapo waived or nodded towards a gentleman who was seated in the back of the courtroom. The gentleman had been present either every day or most days of the trial. Nobody knew who the gentleman was, and there was no follow up identifying the gentleman.

      Think about this for one minute: There is a license plate reader database that tracks every time a license plate is read along with the location. Anybody can pay for a report on a license plate. What if someone who knew what the jurors looked like, and where they were bused from, was able to identify one of their vehicles? Not only would it be easy to pay someone off to run their license plate number through Department of Motor Vehicles, but it would also be easy to track them through the license plate reader database.

      Food for thought.

      Delete
    2. Thats food for the garbage..They dont drive to court..They are driven by U.S Marshals..Not saying it was impossible to bribe a juror but your idea is nuts

      Delete
    3. 1:37 Vincenzo Pentangelli did not come to see El Chapo Trial, he only came to see his beloved brother Frank to show support for the brotherhood and help him get his shit straight.
      Nice try

      Delete
  8. What has happened to the Chapitos? Are they alive or dead ?

    ReplyDelete
    Replies
    1. Alfredo believe it or not dead since September. Ivan working closely with Honey Caro. You will never hear of Honey in the news or in corridos but the guy is the most powerful mafioso in Sinaloa together with his two brothers. The only person even close to his power is El MZ.

      Delete
    2. Their getting slapped around by mayo

      Delete
    3. Alfredo is dead? This is the first time I hear of this. What's your source?

      Delete
  9. If there is only one saying this happened , it is possible Chaop's people got to him . If this is all true , I would say prosecute them to the full extent of the law and make them pay restitution for the cost of the trial they ruined. Absolutely zero tolerance . Then there is about a 50/50 chance this is not true . Either way it will all come out . Criminal talk easy enough but common people will not risk jail . They give it up.

    ReplyDelete
  10. He wont escape the Americans. Period. End of story

    ReplyDelete
    Replies
    1. Escape is not the issue here. The rights of the defendants are what's being deprived.

      Expect a new trial. Moreover, housing these individuals with pre-programmed I love Lucy shows so no further discrepancies.

      Delete
    2. 1128 gtfo of here, there will be no new trial. Mark my words

      Delete
  11. Chapo who’s that

    ReplyDelete
  12. We all know that Chapo is guilty, but the fact that his played into the defense long term fight for a fair trial. The attorney knew they could not win the first trial with all the restrictions and the amount of evidence that they were not able to examine before the trial to be able to mount a good defense. I believe this is why they only present a half-assed defense when it came their turn to present witnesses. Now with a new trial, they now know everything the government has against Chapo, which includes witnesses, evidence, pictures and recordings. Now they will be able to go head to head against the government get Chap a fair trial, although I strongly feel the outcome will be the same.

    ReplyDelete
  13. I think the jury or juror wanted to acquit Guzman this trial was so unfair and lopsided but I think they were to scared to so this juror reported this to leave the door open for the defense

    ReplyDelete
  14. Excellent update chivis. what do you think a fair sentence would be?

    ReplyDelete
    Replies
    1. fair? life
      what it may be in new trial? 25-30 years
      in other words probable life

      Delete
    2. 12:19 what the sentences should be for the creators of drug trafficking in Mexico and Latin-America?
      --They started it in the first place, and keep most of the money. We can't keep just convicting their enablers and the local help.
      --I don't think "presidential pardons" do the job, that is why drug trafficking just got worse, because the fall guys don't really really matter

      Delete
  15. What does the court need to present to the jury? Example A2? Example H221? Any one of hundreds in evidence would put this squat hairball behind bars for hundreds of years.

    This isn't about guilt or misconduct. This is about further squeezing of a client with the best of reasons: He has an indeterminate amount of money and parting with a lot of it is the only way he can avoid Florence. His attorneys are squealing with glee.

    And if you think US Marshal's are not watching prospective juror's and selected jurors like a hawk you'd better return to dime crime novels. Jurors and judiciary are smothered in DOJ coverage just praying some dumb cluck tries to snatch or influence someone.

    And thank you Chivis for intelligent unbiased reporting. I can hear the popping of champagne corks of the defense from here. Even 20 years in Florence will warp the stoutest of personalities. Pelican Bay state prison in California had bad boy Charles Manson on his hands and knees crying. He begged that he would be a 'good boy' if they would transfer him back to Cocoran state prison. And Pelican Bay is a pale shadow compared to Florence. The only place I had feared more was Portsmouth Naval Prison -- and I have never seen the inside of a jail cell. Just the facts scare the hell out of me.

    ReplyDelete
    Replies
    1. And have you heard the daughter of Chapo is asking ALMO to free Chapo. Even sent ALMO a picture of her in Ted bikinis. Lol.
      Your point is well taken, but many think they can play the US court system.

      Delete

Comments are moderated, refer to policy for more information.
Envía fotos, vídeos, notas, enlaces o información
Todo 100% Anónimo;

borderlandbeat@gmail.com