Appeals court hears claims of jury bias at ‘El Chapo’ trial – Minnesota Lawyer

NEW YORK – An appeals court should overturn the conviction of notorious Mexican drug lord Joaquin “El Chapo” Guzman for conspiracy in the US on allegations that his anonymous jury disregarded warnings to avoid media coverage of the case, Guzman’s attorney said Panel of three judges on Monday to attract the attention of at least one judge.

In oral hearings before the Second U.S. Appeals Court in New York, Attorney Marc Fernich cited a news report that the jury was exposed to lewd allegations during the deliberations that were excluded from the trial, including that Guzman had sexually abused girls whom he considered ” Vitamins “labeled”, that gave him energy.

Fernich argued the court should order a new trial or at least a hearing on the jury’s alleged wrongdoing. He urged the judges to withstand any “punitive impulse” against someone who was labeled an “enemy of the state” such as the gangster Al Capone.

“The guy will be in a box for the rest of his life,” Fernich said. “I’m not asking you to play violins for him. This is his last shot. “

The legal claims caught on with District Judge Gerard E. Lynch, who said it was “not a bad argument”.

“This is serious stuff,” the judge later added.

U.S. Assistant Attorney Hiral Mehta argued that the lower court rightly denied the defense’s request for a jury hearing on the grounds that there was insufficient evidence of wrongdoing. He said the Vice News report – based on a post-conviction interview with an unnamed juror – amounted to “hearsay and double hearsay.”

Guzman was sentenced to life imprisonment in 2019 for a massive drug conspiracy that spanned murder and mayhem for more than two decades.

Prior to federal trial, he had achieved almost mythical status by escaping from prison in Mexico twice, the second time through a tunnel dug into the shower in his cell. He was recaptured and sent to the United States in 2017 and placed in solitary confinement.

During the trial, Guzman’s attorneys argued that he was the scapegoat for other kingpins who were better at paying top Mexican politicians and law enforcement officials to protect them.

While the judges sounded open to the jury’s arguments about possible prejudice, they showed less patience with another claim that Guzman’s defense was unfairly hindered by the harsh detention conditions imposed in response to his reputation as an escape artist.

Lynch disagreed with Fernich’s characterization that Guzman was being thrown in a “modern dungeon”, pointing out that his lawyers had constant access to him in advance of the trial.

“He’s not isolated from the world,” said Lynch. “He sees people regularly.”

The committee will decide at a later date.

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