http://firedoglake.com/2008/11/14/error-in-justice-siegelman-prosecutors-sent-notes-back-and-forth-to-jurors-during-deliberationsError In Justice: Siegelman Prosecutors Received Notes From Jurors DURING Deliberations
By: Christy Hardin Smith Friday November 14, 2008 6:00 am
The Siegelman case has been rife with appalling and politicized conduct. But it gets worse. Much, much worse.
The USAtty, Laura Canary, supposedly recused herself from the case due to substantial conflicts of interest involving her husband, a GOP political strategist running the political campaign for Siegelman's gubernatorial rival. In subsequent emails (PDF), Canary specifically gives directives and strategy to the AUSAs in her office handling -- on multiple occasions.
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I thought I was beyond being shocked by misconduct in this case after all the political knife-wielding, with testimony known at the time to be misleading and sometimes just plain false. I was wrong.
AUSAs in the case had multiple ex parte communications with jurors, while the jury was deliberating on its verdict -- passed through US Marshalls at the courthouse -- which were never disclosed to either the judge or opposing counsel. Via Time:
Grimes last year also gave DoJ additional e-mails detailing previously undisclosed contacts between prosecutors and members of the Siegelman jury....
The DoJ conducted its own inquiry into some of Grimes' claims, and wrote a report dismissing them as inconsequential. But the report shows that investigators did not question U.S. marshals or jurors who had allegedly been in touch with the prosecution.
A key prosecution e-mail describes how jurors repeatedly contacted the government's legal team during the trial to express, among other things, one juror's romantic interest in a member of the prosecution team. "The jurors kept sending out messages" via U.S. marshals, the e-mail says, identifying a particular juror as "very interested" in a person who had sat at the prosecution table in court. The same juror was later described reaching out to members of the prosecution team for personal advice about her career and educational plans. Conyers commented that the "risk of (jury) bias ... is obvious".
Beyond being incredibly stupid, this is a material breach of ethics. No, and I mean NO, ex parte communications are to occur with jurors which are not immediately disclosed fully and completely to opposing counsel and the judge throughout the trial. Ever.
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