El Chapo — the drug kingpin who was found guilty of 10 criminal counts in a media-frenzy trial last year — lost his motion for a retrial
” Guzmán have filed a motion for a retrial, citing “bombshell disclosures” from a member of the jury who said that jurors routinely read news coverage of the case during the trial.
In the interview, published eight days after the jury convicted Guzmán — a longtime leader of the powerful Sinaloa Cartel, on 10 drug-trafficking, money-laundering, and weapons charges — the anonymous juror told Vice News that they and other members of the jury had routinely read news coverage and checked the Twitter accounts of journalists covering the trial, despite repeated admonitions from Judge Brian M. Cogan to ignore any outside information.
But according to the juror, whose name, age and gender were kept private by Vice News, several members of the jury read stories about the unsealed accusations in the news, and then lied to the judge when asked about it. The juror told Vice News reporter Keegan Hamilton that they had decided to lie after reading Hamilton’s tweets on an Apple Watch that one of them had smuggled into the courthouse.
“If a justice system’s measure is how it treats the most reviled and unpopular, then ours may have failed Joaquin Guzman by denying him the fair trial before an untainted jury to which he’s constitutionally entitled,” the lawyers wrote. “Because sunlight is the best disinfectant, that prospect merits serious consideration, close investigation and a new trial as appropriate.
“You don’t have an affidavit from the juror, and you don’t have an affidavit from the Vice reporter, and I take it he would never testify,” Shechtman says. “You have to persuade the judge that you have enough for a hearing, and then you have to get a juror on the witness stand saying it happened.”
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