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UNITED STATES v. PERRY

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


June 8, 1990

United States of America
v.
Constance Perry

The opinion of the court was delivered by: RICHEY

ORDER

 CHARLES R. RICHEY, UNITED STATES DISTRICT JUDGE

 The defendant Constance Perry filed a motion for a mistrial on March 30, 1990 on the ground that the sequestration and anonymity of the jury in the above-captioned case prejudiced her. *fn1" There is empirical evidence demonstrating that defendant's motion is lacking in merit and that the anonymity and sequestration of a jury does not work to a defendant's detriment. On December 6, 1990, the anonymous and sequestered jury in the trial of eleven of defendant's co-defendants in the above-captioned case acquitted the defendant James Antonio Jones of possessing with the intent to distribute cocaine. *fn2" In addition, on February 6, 1990, a semi-anonymous and sequestered jury acquitted John Gotti on conspiracy and assault charges. *fn3" Finally, as the United States Court of the Appeals for the Third Circuit stated:

 

The defense's assumption that anti-defendant bias is the only possible, or even the most likely, reaction is suspect . . . . A juror who fears a defendant's retaliation might be more apt to return a guilty verdict despite such fears rather than because of them. If, however, anonymity dispels apprehension, it serves the ideal of dispassionate judgment.

 United States v. Scarfo, 850 F.2d 1015, 1036 (3rd Cir.), cert. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 2d 251 (1988).

 Accordingly, it is, by the Court, this 8th day of June, 1990,

 ORDERED that the defendant Constance Perry's motion for a mistrial, which was filed on March 30, 1990, shall be, and hereby is, denied.

  EXHIBIT A

 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: IAS PART 74

 THE PEOPLE OF THE STATE OF NEW YORK -against- JOHN GOTTI and ANTHONY GUERRIERI, Defendants.

 Indictment No. 359/89

 June 8, 1990, Filed

 EDWARD J. McLAUGHLIN, J.:

 The People's motion for an anonymous jury is decided as follows. Although this court believes that it is not violative of the New York State or Federal Constitutions to empanel jurors whose names are not disclosed, the court finds that the procedure is prohibited by the Criminal Procedure Law. The court grants a protective order, however, to preclude disclosure of the business and residential addresses of all prospective and sworn jurors (CPL 270.15, subd 1-a).

 A further written opinion elaborating the findings of fact and conclusions of law will issue after the jury is selected.

 The above constitutes the order and opinion of the court.

  EXHIBIT B

 SUPREME COURT OF THE STATE OF NEW YORK

 PART 74

 COUNTY NY

 June 8, 1990, Filed

 THE PEOPLE OF THE STATE OF NEW YORK against JOHN GOTTI, Defendant

 INDICTMENT No 358/89

 JUSTICE EDWARD McLAUGHLIN DATE PART 74 FEB 6 1990 COUNT NUMBER CRIME GUILTY NOT GUILTY 1. CONSPIRACY 4th degree check CONSPIRACY 5th degree check 2. ASSAULT 1st degree check ASSAULT 2nd degree check ASSAULT 2nd degree check 3. ASSAULT 1st degree check

19900608

© 1992-2004 VersusLaw Inc.



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