The opinion of the court was delivered by: SIRICA
These matters come before the Court on the post-trial motions filed by defendants John N. Mitchell, Harry R. Haldeman, John Ehrlichman and Robert C. Mardian who were convicted of certain offenses in the recent trial of this case and on the motion of Walter Taylor to quash a subpoena served upon him by Mr. Haldeman. The Court heard oral argument on these motions on January 7, 1975, and took them under advisement.
I. HALDEMAN'S JANUARY 3, 1975, MOTION FOR A NEW TRIAL AND TAYLOR'S MOTION TO QUASH SUBPOENA.
On January 3, 1975, defendant Haldeman filed a Motion For A New Trial And For Issuance Of Subpoenas In Support Thereof. The ground for this motion is a newspaper article attributed to Walter Taylor wherein it is alleged that in the course of an interview one of the members of the jury that convicted the defendants "hinted" that some jurors had disregarded the Court's instructions not to watch television or read newspapers during the periods they were not under supervision. Haldeman argues that a hearing into this matter is required and that subpoenas directed to Taylor and the juror should issue.
An alleged "hint" by a juror that some jurors might have seen television or read newspapers does not, without more, present good cause for the Court to conduct a hearing. See May v. United States, 84 U.S.App.D.C. 233, 175 F.2d 994, cert. denied, 338 U.S. 830, 70 S. Ct. 58, 94 L. Ed. 505 (1949); Bratcher v. United States, 149 F.2d 742 (4th Cir.), cert. denied, 325 U.S. 885, 65 S. Ct. 1580, 89 L. Ed. 2000 (1945); Beard v. United States, 65 App.D.C. 231, 82 F.2d 837, cert. denied, 298 U.S. 655, 56 S. Ct. 675, 80 L. Ed. 1382 (1936). See also United States v. Hoffa, 367 F.2d 698 (7th Cir. 1966), vacated on other grounds, 387 U.S. 231, 87 S. Ct. 1583, 18 L. Ed. 2d 738 (1967).
Therefore, in accordance with the Court's statements at the time of the hearing, the aforesaid Motion For A New Trial is denied.
As for the subpoena served by Mr. Haldeman, Mr. Taylor has asserted by way of affidavit that he was not the person who interviewed the juror nor was he the one who wrote that portion of the newspaper article dealing with her interview. Inasmuch as the requested hearing has been denied the subpoena, of course, will be quashed.
The Motion To Quash Subpoena filed February 7, 1975, by Walter Taylor is granted.
II. HALDEMAN'S MOTION FOR NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE
On February 4, 1975, Mr. Haldeman filed a Motion For A New Trial Based On Newly Discovered Evidence. As the principal ground for this motion the defendant cites statements made by former Special Prosecutor Jaworski on January 30, 1975, before the House Subcommittee on Criminal Justice. Mr. Jaworski there revealed for the first time that he alone had listened to certain Presidential tape recordings. Mr. Haldeman contends that this disclosure indicates that the defendants were not given all the information they were entitled to under Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963). The movant has requested an evidentiary hearing into the matter, and, if necessary, a new trial.
The government has filed affidavits of both the present and former Special Prosecutors to the effect that they know of no information that was exculpatory of or favorable to the defense that was not produced by the prosecution during pre-trial discovery.
The Court has carefully considered the transcript of the hearing held before the Subcommittee on Criminal Justice and has found nothing in any of the statements of either Mr. Jaworski or Mr. Ruth that would support the defendant's suggestion that ...