Fresno, California 2021-10-25 17:59:06 –
In an oral argument at the Second US Circuit Court of Appeals in New York, lawyer Mark Fellnic quoted a news report that a jury was exposed to a vicious allegation banned from trial during the deliberations. “It gave him energy.
Fernich argued that the court should order a new trial, or at least call for a hearing on the jury’s alleged misconduct. He asked the judge to resist a “punitive urge” against someone cast as a “public enemy” like the gangster Al Capone.
“The man will be in the box for the rest of his life,” Fernich said. “I haven’t asked you to play the violin for him. This is his last shot.”
The legal allegations resonated with Circuit Court Judge Gerard E. Lynch, who said it was a “not bad argument.”
“This is a serious problem,” the judge added later.
Hiral Mehta, an assistant federal prosecutor, argued that the lower court was right to dismiss the hearing’s request for defense on the jury issue. This is because there was no valid evidence of illegal activity. He said the report of sub-news based on a post-conviction interview with an unnamed jury was equivalent to “hearsay and double hearsay.”
Guzman was sentenced to imprisonment in 2019 for a large-scale drug conspiracy that spread murder and mayhem for over 20 years.
Prior to the federal case, he gained nearly mythical status by jailbreaking from a Mexican prison twice and second through a tunnel dug in the shower of his cell. He was captured again, sent to the United States in 2017, and placed in a prison cell.
At trial, Guzman’s lawyer claimed he was another Kingpin’s corrupt man who was good at rewarding top Mexican politicians and law enforcement officers.
While the judge sounds tolerant of the jury’s possible prejudices, another statement that Guzman’s defense was unfairly hampered by strict confinement conditions imposed in response to his reputation as an escape artist. The patience was weak against the claim.
Lynch disputed Fernich’s characteristic of being thrown into a “modern dungeon” by Guzman, noting that his lawyer had constant access to him until the trial.
“He is not isolated from the world,” Lynch said. “He meets people on a regular basis.”
The panel will be decided at a later date.
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