IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 12, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
GARY ERMOIAN, ET. AL., DEFENDANTS.
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
ORDER RE: HEARING ON JUROR CONTACT
Hon. Oliver W. Wanger
On October 12, 2010, the Court held a hearing regarding the contacting of jurors. Assistant U.S. Attorney Laurel J. Montoya appeared for the government. Attorney Carl Faller appeared for defendant Steven L. Johnson. Attorney John Balazs appeared telephonically for defendant Gary L. Ermoian. The Court informed counsel that some jurors reported being contacted at their homes for potential juror interviews by an investigator for Mr. Ermoian's counsel. The Court stated it was not barring juror interviews, but the Court expressed concern about unannounced visits at jurors' residences. After comments by the parties, all parties agreed to an order that future contact with jurors be first by telephone and that in-person interviews be only with the juror's prior consent.
Therefore, IT IS HEREBY ORDERED as follows:
1. Any future contact with the trial jurors in this case by the parties, their counsel, or investigators be conducted first by telephone. No juror shall be contacted in person at their residences or elsewhere without their prior approval to such an in-person meeting.
2. At the request of defense counsel and without objection by the government, the current schedule for the filing, briefing, and hearing of post-trial motions for acquittal and/or new trial and the sentencing hearing shall be vacated. The parties shall submit a stipulation with new agreed-upon dates for post-trial motions and sentencing.
IT IS SO ORDERED.
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