Dalia Dippolito Hearing for New Trial 07/14/17

TL;DR

Defense counsel seeks new trial based on juror involvement and wants interviews with jurors; denied due to judge's observations.

Transcript

all right good afternoon please be seated I do apologize delay now we must have been laying down stairs we couldn't get upstairs so to apologize over running about 20 minutes late we have defendants motion for true reviews and motion for new trial mr. Rosenfeld your motion and start I guess my first question for you is how am I rule on this yes you... Read More

Key Insights

• 😪 Allegations of juror misconduct, such as sleeping during trial, can lead to motions for new trials in legal proceedings.
• 👶 Judges rely on personal observations, case law, and evidence presented to make decisions on motions for new trials and juror interviews.
• 👶 Defense counsel must provide substantial evidence and legal arguments to support motions for new trials, especially when alleging juror misconduct.

Questions & Answers

Q: What was the basis for the defense counsel's motion for a new trial?

The defense counsel sought a new trial based on allegations of juror misconduct, specifically claiming that a juror was sleeping during crucial testimony, which they believed impacted the fairness of the trial.

Q: Why did the judge deny the motion for new trial and further juror interviews?

The judge denied the motion based on personal observations made during the trial, asserting that the juror in question was attentive and not sleeping as alleged by the defense. Additionally, the judge cited case law that limited the grounds for granting a new trial.

Q: What steps did the defense counsel take to support their motion?

The defense counsel presented affidavits from seven witnesses, including experts and individuals with law enforcement experience, who claimed to have observed the juror sleeping during significant parts of the trial, bolstering their argument for a new trial.

Q: How did the judge handle the sentencing process in light of the pending motion for new trial?

The judge requested the parties to agree on jail credit for the defendant and prepare sentencing memorandums. The judge clarified that the motion for a new trial would not affect the sentencing process but requested all necessary documentation to be filed promptly after sentencing.

Summary & Key Takeaways

• Defense counsel seeks a new trial based on alleged juror misconduct, specifically juror sleeping during critical testimony.

• Defense presents affidavits from seven witnesses, including experts, claiming the juror was sleeping during key parts of the trial.

• Judge denies the motion for a new trial and further juror interviews based on personal observations and previous case law, tasking the parties with preparing for sentencing.