TheAgitator.com
More Weirdness in Wecht Trial
Friday, April 11th, 2008Yesterday, i posted about a hung jury in the federal corruption trial of Pennsylvania medical examiner Cyril Wecht, and the allegations of political motivation in the case on the part of U.S. Attorney Mary Beth Buchanan.
The case just gets odder. The judge apparently also instructed the jurors not to talk to the media—even after the trial was over, and even though the jurors were under no legal obligation to obey his request.
Now, the Pittsburgh Tribune-Review reports that at least two jurors have been contacted by the FBI agents, who requested interviews in their homes. Buchanan’s office says this is routine. Other attorneys the paper interviewed say they never heard of such a thing, and that it smacks of intimidation.
Are they investigating jury tampering? Is that what this is all about?
It doesn’t sound right to me.
The jurors were instructed by the judge not to talk to the attorneys (for either side), but it’s OK for the U.S. attorney to send FBI agents to interview them (or schedule appointments for a chat)?
Plus, most jurors are unsophisticated about legal rights and probably didn’t realize they didn’t have to obey the judge’s request that they not talk (which is why they did it anonymously).
All, please read the newspaper article that is linked to the blog entry. The US Attorney is not investigating jury tampering at all. Additionally, even though the judge requested that the jury refrain from talking to anyone about the trial, the jury is not bound by such request by law. Now that the trial is over, the jury may talk to anyone they so desire about the case.
What US Attorney Mary Beth Buchanan has stated is that she wishes to talk to the jurors about the trial itself. She is allowed to do this and usually any person that is faced with a hung jury does this action. It is just odd that she would decide to do such a course of action after having already stated she will retry the case. It is equally odd that out of all representatives of her office that could contact the jurors to set up meeting times (something a secretary or aide usually would do in most offices), Ms. Buchanan would instruct the FBI to do these calls.
Many are concerned that such an action is meant to intimidate the jury and future jurors. I for one agree. I imagine having an FBI agent show up at your door is unnerving to say the least.
Having federal agents come around IS unnerving, even if they’re not there to ask you about you. I had a couple Feds call up and set up an appointment with me to talk about a neighbor I hardly knew (background check). And even that makes you nervous. So I can’t imagine what it would be like if they were actually asking about me or what I thought.
I’d say that it’s definitely strange they showed up and I’d be curious to hear what specific questions the feds asked the jurors. Although, as Farrell the former prosecutor said, it may just have been an issue of that particular office not having enough personnel to track down the jurors and do the interviews themselves in a timely manner.
If the FBI is requesting an interview, does that mean you’re free to decline?
Scottp: You could decline the interview, but does that seem like it’d be prudent?
So, basically, what James is saying is that the USA is trying to get info from the jurors as to what made them find Cyril Wecht innocent. She can then change her strategy accordingly to ensure a better chance of convicting next time. I would imagine she would omit evidence, or speak more about a particular incident, if the jurors found that issue to be important or not persuasive enough. Eh.
I guess this is legal and both sides can do it, right?
andyinsdca has hit upon it - there is an intimidation factor. You probably are free to decline the interview. OTOH, let the FBI state their business before interviewing you and have the interview in a public place (diner, park) where they have no expectation of privacy for their actions.
chsw
Nando, my understanding from what is reported that this action is perfectly legal. The defense is allowed to do it as well. It is just odd that the FBI contacted these people. That is the issue here.
The case has been crazy so far. Judge pushing for an anonymous jury. Body trading accusations. The US Attorney being called to testify about the case to congress. A hung jury and now this.
I read that about 20 of the counts are over faxes that total less than $8. This might have something to do with it.
Hmm, maybe they’re nullifying?
Nando, the jury said in the papers that the majority were for acquittal on the charges. The jury also said that those that disagreed did not change their opinion during the deliberation.
Wecht is an opinionated elitist ass, yet such is not a criminal offense is it?
Allow the FBI to enter your home to interview but to level the playing field have a couple pit bulls continuously sniffing their crotches.
Yes, both sides can do it - but the defense can’t have federal cops calling to set up the interviews, which it seems to me gives the prosecution a big advantage in getting the jurors to actually talk. Especially when the Fibbies forget to tell them that it’s voluntary…