[UPDATED: the relevant transcripts have been unsealed.] So… whatever was said… is unlikely to remain sealed because — as the AUSAs’ filing this morning indicates — not only did Mr. Greebel name the juror on February 17 — in addition, the involved juror (No. 5) self identified — to the MSM.
The AUSAs say they need it unsealed for ease of responding to the latest Greebel defense motion — and not trivially, “we, the people“… are entitled (except in strictly drawn circumstances) to fully observe our federal and state courts in operation, under Amendment No. One.
So… I expect this two page letter motion will be granted — and here’s a bit of the operative background:
…By way of background, the parties submitted multiple sealed briefs related to Juror Number 5 after the defendant had been convicted. (See Dkt. Nos. 505-508.) Then, on January 5, 2018, the Court held a status conference to address those filings. During the public portion of the conference, the Court acknowledged that members of the press were present and “direct[ed] that the name of this juror not be published, and we will refer to him in the record by his seat number.” (1/5/18 Tr. at 3.) After hearing argument from the parties, the Court held that:
“based on the sensitive nature of that, the right of privacy that this juror has, and the fact that he asked to speak only with me, that we conduct the proceeding in the jury room.” (Id. at 25.)
The Court also ordered that the transcript of that proceeding be “sealed for purposes of this matter for attorneys’ eyes only.” (Id. at 26.) At no point during the public proceeding on January 5 did the Court or the parties refer to the juror by name.
On February 17, 2018, the defendant filed a motion pursuant to Rules 29 and 33in which, without prior approval from the Court, he referred repeatedly to the juror by name. (See Dkt. No. 530 at 50-51.) ….
This really just closes out what we (R West, mostly) already had gleaned here: this development — the juror’s allegations — are highly unlikely to change the outcome of Mr. Greebel’s felony convictions.
Now you know… Onward and… Namaste.