In United States v. McChesney, --- F.3d ---, No. 16-30052 (9th Cir. 2017), the Court affirmed the district court's denial of the defendant’s motion for
a new trial on the basis of improper contact with the jury.
The defendant alleged his ex-girlfriend made derogatory comments about him to the jurors at his trial. The district court sent a questionnaire to the jurors, and none indicated he or she heard the comments. The court also held a hearing -- at which several witnesses testified about the alleged comments -- but found no credible evidence the comments were made.
The Ninth Circuit found no errors in these procedures, but noted that live juror testimony might be necessary in other cases.
The Court also rejected the defendant's claim that his exclusion from telephonic conferences with the district court violated his right to be present at all critical stages.
Finally, the Court rejected the defendant's claim about destruction of courthouse videos that could have shown the alleged juror interactions. The Court found the claim forfeited and, in any event, the defendant did not allege bad faith.
