truthfully, if somewhat technically. Although Mr. Rogers stood accused of a crime within ten years of the voir dire, he had in fact been accused of the crime more than ten and one half years before the date of voir dire. In any event, the Court finds that Defendant has provided no evidence to show that the juror intended to deceive the Court. Similarly, the Defendant has been unable to show that the juror's response prejudiced him.
Justice demands that cases must come to an end. This case lasted nearly two weeks, and was tried before attentive jurors. This Court cannot conduct a witchhunt to explain why the jury forman did not volunteer information. Even if the Court could find some basis to conclude that the juror should have reinterpreted the Court's question to cover this situation, it is clear that the failure to disclose such stale information was, at worse, an honest and insignificant mistake. Accordingly, the Defendant is not entitled to a new trial or an evidentiary hearing.
ALLEGED ADMISSION OF PREJUDICIAL HEARSAY
As his third and final basis for requesting a new trial, Defendant Walker claims that the Court improperly allowed a detective to testify about a statement made by the Defendant's mother on the night of his arrest. In response to a question about why he did not arrest Defendant's mother, whose home was the subject of the search, the detective stated that she had explained "that she had no knowledge that her sons were doing drugs upstairs."
The Court finds that the testimony was properly allowed. The testimony went to the detective's state of mind, i.e. why he had not arrested Defendant's mother, and was not admitted for the truth of the matter asserted. Indeed, the Court instructed the jurors accordingly. Moreover, the statement was only allowed after the Court was given assurances that the mother would testify. The mother did testify, and the Defendant had full opportunity to question her about her statement.
Even if the statement can be considered hearsay where all parties to a conversation testify at trial, the exclusion of what each heard as "hearsay" would stand the rule on its head. At a trial, all witnesses cannot testify at once. Their availability to testify renders a lesser need to strictly apply the hearsay rule since the exclusionary basis for the rule (a speaker's unavailability) is not applicable.
Based on the record before the Court, the Court denies Defendant Walker's motion for a new trial and his motion for judgement of acquittal. An appropriate order accompanies this memorandum opinion.
United States District Judge
This matter comes before the Court on Defendant Tyrone N. Walker's motion for a new trial and renewed motion for judgment of acquittal. Based on the reasons articulated in the foregoing opinion, it is hereby ORDERED that the motion for a new trial be DENIED and the motion for judgment of acquittal be DENIED.
United States District Judge