United States v. Tairod Nathan Webster Pugh

150 F. Supp. 3d 218, 2015 WL 8481877, 2015 U.S. Dist. LEXIS 165694
CourtDistrict Court, E.D. New York
DecidedDecember 9, 2015
Docket15-CR-116 (NGG)
StatusPublished

This text of 150 F. Supp. 3d 218 (United States v. Tairod Nathan Webster Pugh) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Tairod Nathan Webster Pugh, 150 F. Supp. 3d 218, 2015 WL 8481877, 2015 U.S. Dist. LEXIS 165694 (E.D.N.Y. 2015).

Opinion

MEMORÁNDUM & ORDER

NICHOLAS G. GARAUFIS, United States District Judge.

This Memorandum and Order addresses the Government’s motion to empanel an anonymous jury for the upcoming trial in this case. Jury selection is scheduled to begin on February 8, 2016. The Government requests that “the names, precise addresses and workplaces of members of both the venire and petit juries not be revealed, that the jurors be kept together during recesses and taken to or provided lunch as a group each day during trial, and that they .be escorted to and from the courthouse each day during trial in a manner to be arranged by the United States Marshals Service.” (Gov’t’s’s Mem. in Supp. of Mem. for Anon. Jury (“Gov’t’s Mem.”)(Dkt.31) at 2.)

The Government argues that the use of an anonymous, semi-sequestered jury is warranted because' this case involves charges of terrorism relating to an extremely violent terrorist organization and has attracted, and will likely continue to attract, significant media attention. Defendant opposes the use of an- anonymous jury, arguing that it would- unfairly prejudice him and that it is not justified by the facts in this case. (See Def.’s Mem. in Mem. to Gov’t’s Mem. for Anon. Jury (“Defi’s Mem..”) (Dkt. 42).)

In determining whether to empanel an anonymous jury, the court must strike [221]*221a balance “between the integrity of the criminal justice system and the jurors’ concern for their own well-being[,] and the preservation and meaningful efficacy of the presumption of innocence.” United States v. Bellomo, 263 F.Supp.2d 557, 559 (E.D.N.Y.2003). For the reasons that follow, the court has determined that this balance weighs in favor of empaneling an anonymous and semi-sequestered juiy. Accordingly, the Government’s motion is GRANTED.-

I. BACKGROUND

A. Charged Criminal Conduct

Defendant is charged with attempting to provide material support to the Islamic State of Iraq and the Levant (“ISIL”), by attempting to join ISIL, and obstruction of an official proceeding, namely, the destruction of certain flash drives in order to obstruct the grand jury investigating his material support charge. (Indictment (Dkt. 11).) According to the Government, ISIL is a foreign terrorist organization that has existed, in one form or another, since approximately 2004. (Gov’t’s Mem. at 4.) Since 2013, ISIL has claimed credit for numerous terrorist attacks and has seized control over large swaths of Iraq and Syria. (Id. at 5, 6.) Additionally, ISIL has taken numerous hostages, including American journalists. (Id.)

. Recently, ISIL has been linked to numerous terrorist attacks outside of, the Middle East,.see Karen Yournish, Derek Watkins,.and Tom Giratikanon, Recent Attacks Demonstrate Islamic State’s Ability to Both Inspire and Coordinate Terror, N.Y. Times, Dec. 7, 2015, including at least one attack in the United States, see Michael S. Schmidt, Sap Bernardino Gun-woman Pledged Allegiance to ISIS. Officials Say, N.Y. Times, Dec. 4,2015.

II. LEGAL STANDARD

“Anonymous juries are empaneled in order to' protect jurors from harm, to address concerns of jurors regarding their safety, and to prevent potential jury tampering.”' United States v. Khan, 591 F.Supp.2d 166, 169 (E.D.N.Y.2008) (quoting United States v. Gammarano, No. 06-CR-72 (CPS), 2007 WL 2077735, at *4 (E.D.N.Y. July 18, 2007)). Yet empaneling an anonymous jury also presents “the possibility of unfair prejudice to the defendant and the danger of encroaching on the presumption of innocence.” United States v. Tutino, 883 F.2d 1125, 1132 (2d Cir. 1989). Thus, in resolving a motion for .an anonymous jury, “courts must balance .’the defendant’s interest in conducting meaningful voir dire and in maintaining the presumption of innocence, against the jury’s interest in remaining free from real or threatened violence and the public interest in having the jury render a fair and impartial verdict.’” United States v. Taylor, 17 F.Supp.3d 162, 183 (E.D.N.Y.2014) (quoting United States v. Quinones, 511 F.3d 289, 295 (2d Cir.2007)).

The Second Circuit has cdnsis-tently “made clear that ’when genuinely called for and when properly used,' anonymous juries do not infringe a defendant’s constitutional rights.’” United States v. Kadir, 718 F.3d 115, 120 (2d Cir.2013) (quoting United States v. Pica, 692 F.3d 79, 88 (2d Cir.2012)). It has also explained, however, that the “analysis of the potential constitutional impact of an anonymous jury on a defendant ’must receive close judicial scrutiny and be evaluated in the light of reason, principle and common sense.’” Taylor, 17 F.Supp.3d at 183 (quoting United States v. Vario, 943 F.2d 236, 239 (2d Cir.1991)). After conducting this, analysis, “a court may order the empaneling of an anonymous jury upon (a) concluding that there is strong reason to believe the jury [222]*222needs protection, and (b) taking reasonable precautions to minimize any prejudicial effects on the defendant and to ensure that his fundamental rights are protected.” Pica, 692 F.3d at 88 (quoting United States v. Gotti, 459 F.3d 296, 345 (2d Cir.2006)). “Within these parameters, the decision whether or not to empanel an anonymous jury is left to the district court’s discretion.” Id. (quoting Gotti, 459 F.3d at 345).

In determining whether there is strong reason to believe the jury needs protection, courts in this circuit have considered various factors, “including whether (1) the charges against the defendants are serious, (2) there is a substantial potential threat of corruption to the judicial process, and (3) considerable media coverage of the trial is anticipated.” United States v. Al Fawwaz, 57 F.Supp.3d 307, 309 (S.D.N.Y. 2014). While “it is unclear whether any of these factors individually justify impaneling an anonymous jury,” “there are numerous cases indicating that anonymity is appropriate when some combination of these factors is present.” Khan, 591 F.Supp.2d at 169 (citing Quinones, 511 F.3d at 296). As the Second Circuit has explained:

Sufficient reason for empaneling an anonymous jury has been found to exist where, for example, the defendants were alleged to be very dangerous individuals engaged in large-scale organized crime who had participated in several mob-style killings, and there was strong evidence of defendants’ past attempts to interfere with the judicial process, and defendants were alleged to be part of a group that possessed the means to harm jurors; or where the defendants have been charged with grand jury tampering and the trial is expected to attract publicity, ..; or where the defendant has a history of attempted jury tampering and a serious criminal record, ...; or where there had been extensive pretrial publicity and .there were abundant allegations of dangerous and unscrupulous conduct.

United States v. Paccione, 949 F.2d 1183, 1192 (2nd Cir.1991) (internal citations and quotation marks omitted).

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Related

United States v. Quinones
511 F.3d 289 (Second Circuit, 2007)
United States v. Tutino
883 F.2d 1125 (Second Circuit, 1989)
United States v. Paccione
949 F.2d 1183 (Second Circuit, 1991)
United States v. Gotti
459 F.3d 296 (Second Circuit, 2006)
United States v. Antico
692 F.3d 79 (Second Circuit, 2012)
United States v. Defreitas
718 F.3d 115 (Second Circuit, 2013)
United States v. Stewart
590 F.3d 93 (Second Circuit, 2009)
United States v. Wilson
493 F. Supp. 2d 397 (E.D. New York, 2006)
United States v. Millan-Colon
834 F. Supp. 78 (S.D. New York, 1993)
United States v. Locascio
357 F. Supp. 2d 558 (E.D. New York, 2005)
United States v. Khan
591 F. Supp. 2d 166 (E.D. New York, 2008)
United States v. Bellomo
263 F. Supp. 2d 557 (E.D. New York, 2003)
United States v. Herron
2 F. Supp. 3d 391 (E.D. New York, 2014)
United States v. Mostafa
7 F. Supp. 3d 334 (S.D. New York, 2014)
United States v. Taylor
17 F. Supp. 3d 162 (E.D. New York, 2014)
United States v. Fawwaz
57 F. Supp. 3d 307 (S.D. New York, 2014)

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Bluebook (online)
150 F. Supp. 3d 218, 2015 WL 8481877, 2015 U.S. Dist. LEXIS 165694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tairod-nathan-webster-pugh-nyed-2015.