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UNITED STATES v. NORTH

April 19, 1989

UNITED STATES OF AMERICA
v.
OLIVER L. NORTH


Gerhard A. Gesell, United States District Judge.


The opinion of the court was delivered by: GESELL

GERHARD A. GESELL, UNITED STATES DISTRICT JUDGE

 In order to insure the defendant a fair trial by an impartial jury, and with the agreement of the defendant and the government, the Court has determined that because of the heightened scrutiny of the jury expected during jury deliberations and other factors that it is desirable further to insulate the jury from any extrajudicial statements. Accordingly, the Court, pursuant to Rule 308(c) of the Criminal Rules of this Court, directs the entry of the following Order. It is hereby

 ORDERED that the jurors in the above-captioned case shall be sequestered following the Court's instructions for the full period of their deliberations, and shall be kept in the custody of the United States Marshal for the District of Columbia at such safe and convenient place as the Marshal in his discretion shall arrange; and it is further

 ORDERED that the Marshal shall make prompt and appropriate arrangements prior to deliberations to permit the jurors to get and bring back with them sufficient personal effects for use during the course of their sequestration; and it is further

 ORDERED that the Marshal shall safely keep the jurors and shall suffer no non-juror to converse with or to come in contact with any member of the jury except as otherwise provided by this Order; and it is further

 ORDERED that no Marshal or Deputy Marshal in attendance upon the jury shall converse with the jurors except as may be necessary in carrying out the obligations imposed by this Order and in no event shall such personnel comment in any way whatsoever upon the defendant, his counsel, the government, the witnesses or the issues in this case, either to or in the presence of any juror; and it is further

 ORDERED that any communication with the Court by the jury or any individual juror shall be made in writing and that writing shall be placed in a sealed envelope and shall be promptly delivered to the Court by the Marshal; and it is further

 ORDERED that during the period of sequestration the Marshal shall, at the cost of the government, provide to each of the jurors breakfast, luncheon and dinner meals; and it is further

 ORDERED that the Marshal shall make some provision to insure that during the evening hours at their place of lodging there will be available to the sequestered jurors at the cost of the government some type of modest refreshments, including but not limited to coffee, tea, milk or soft drinks and something to accompany those drinks; and it is further

 ORDERED that when the jurors have completed their evening meal and are returned to the place of lodging designated by the Marshal and at all other times that the jurors shall be within the custody of the Marshal, except while the jurors are deliberating at the courthouse, the following conditions shall pertain:

 1. Any reasonable telephonic messages may be made or received by the jurors to or from their immediate family through the Marshal. No other telephone call shall be allowed to any of the jurors, either incoming or outgoing, except as otherwise specifically allowed by the Court on application.

 2. The jury while sequestered shall be permitted to read current printed news media; before providing such materials to the jurors, the Marshal shall read the materials and excise all references to this trial. Where a question arises as to excision, the Marshal is directed to construe materials in favor of excision and is advised to bring such questions to the attention of the Court for resolution. Books, novels and ...


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