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United States v. Shapiro

Citations: 994 F. Supp. 146; 1998 WL 84397Docket: No. 96-CR-1019

Court: District Court, E.D. New York; February 25, 1998; Federal District Court

Narrative Opinion Summary

In this case, the defendant, having been convicted of attempted escape and forgery, sought access to juror information under the Jury Selection and Service Act to challenge the jury selection process. The court, while recognizing the defendant's rights under 28 U.S.C. § 1867(f), granted access to jury information but restricted it to the defendant's attorney, citing security concerns due to the defendant's past behavior. The defendant's attorney was authorized to review a list of 750 potential jurors instead of the entire pool from which the jury was drawn, balancing the need for a comprehensive review against administrative burdens. The court emphasized the timeliness required for filing any motions related to jury selection procedures, mandating that any such motion be submitted within seven days of completing the examination of jury records or by April 17, 1998. Additionally, the court addressed the defendant's accusations against his attorney, finding no credible evidence and ordering the attorney to proceed with the review and advise the defendant accordingly. The court's rulings highlight the balance between ensuring the defendant's legal rights and maintaining the integrity and security of the jury process.

Legal Issues Addressed

Access to Jury Information under Jury Selection and Service Act

Application: The Court granted access to juror information necessary for challenging the jury selection process, emphasizing a broader disclosure to ensure compliance with jury selection laws.

Reasoning: The Court emphasized that a broader disclosure was necessary for Shapiro to assess compliance with jury selection laws, rejecting the Government’s limited approach of only providing information on the 41 jurors involved in his case.

Role of Counsel in Reviewing Juror Information

Application: The Court directed Dunn to review juror information and provide counsel to Shapiro, overriding Shapiro's claims of Dunn demanding payment before proceeding.

Reasoning: The Court has directed Dunn to conduct the review and provide counsel to Shapiro without delay, aiming to resolve this matter promptly.

Security Concerns in Handling Juror Information

Application: The Court limited direct access to juror information to Shapiro's attorney due to security concerns, thereby exercising discretion to protect the judicial process.

Reasoning: The Court opted not to release the information directly to him due to his documented behavioral issues, determining that for security reasons, only his attorney, Dunn, should have access.

Timeliness Requirement under 28 U.S.C. § 1867(f)

Application: Dunn must review jury information by April 10, 1998, and Shapiro must file any motions by April 17, 1998, to adhere to the statutory timeliness requirements and prevent delays.

Reasoning: Under 1867(a), Shapiro must file any motion contesting jury procedures in this district with the Court and serve it on the U.S. Attorney’s office within seven days of completing the examination of jury records, or by April 17, 1998, whichever is sooner.