Memorandum Supporting Joaquin Guzman Loerea Fed. R. Crim. P. 33 motion For A New Trial (Part 2) (7/27/24)

Beyond The Horizon

Joaquin "El Chapo" Guzman Loera filed a motion for a new trial under Federal Rule of Criminal Procedure 33, arguing that his trial was compromised by juror misconduct. The motion cites a VICE News interview with an anonymous juror who claimed that jurors violated the judge’s instructions by following media coverage of the trial and discussing the case before deliberations. The juror revealed that several jurors had accessed news articles and tweets related to the trial on smart devices, and they discussed these articles among themselves despite the judge's explicit orders not to do so. The juror also admitted that jurors read about allegations of Guzman drugging and sexually abusing underage women, although they purportedly disregarded these claims during deliberations.
The defense argues that this misconduct resulted in an unfair trial, thus necessitating a new one. This claim focuses on the potential influence of external information on the jurors' impartiality and the possibility that pre-trial instructions were not adequately followed, thereby compromising the integrity of the trial.
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EL CHAPO: "MOTION FOR A NEW TRIAL UPON AN EVIDENTIARY HEARING" - DocumentCloud