CINCINNATI (WXIX) — Calling it a “gross overreach,” federal prosecutors are challenging a request by attorneys for former Cincinnati City Councilman PS Sittenfeld for a forensic analysis of a juror’s electronic devices.
“Dissatisfied with the verdict and dissatisfied with Juror X’s responses in court, the defense now asks this Court to sanction an extraordinary trespass – the seizure and forensic examination of Juror X’s electronic devices,” wrote the US Assistant Attorney Megan Gaffney Painter in opposition.
“There is no reason to do so.”
Sittenfeld, 37, of East Walnut Hills, was found guilty of bribery and attempted extortion earlier this month after a two-and-a-half-week trial.
He was found not guilty on four other counts.
Then, shortly after the trial ended, his defense attorneys filed court filings indicating that one of the jurors posted several social media posts during his trial.
The court notified Sittenfeld’s attorneys and federal prosecutors shortly before the verdicts were announced on Friday, July 8, according to court records since filed.
The defense argues that the juror’s posts show bias and question the verdicts, leaving “a trail of breadcrumbs to the specific case”.
Copies of the messages that concern Sittenfeld’s lawyers are attached to defense documents, alleging that the juror:
- Another juror should not be on the panel because “she hates anyone who shares the same profession as our person on trial. Not cool!!”
- Criticized a second juror, saying the person: “Doesn’t know a comfortable silence. I wish his tongue would drop.
- A commentator, according to the documents, appeared to try to warn the juror to stop posting on Facebook. The juror apparently gave him the juror number assigned to him. She posted: “Just call me swear [X] for a criminal case!
Immediately after the verdicts were announced, U.S. District Court Judge Douglas Cole held a chamber hearing, court records show. The juror who posted on Facebook and another juror testified.
The defense says that when the juror was questioned about her online posts, she gave “misleading and inconsistent” testimony.
The judge denied a request for a mistrial at this hearing.
He ordered the juror whose electronic devices the defense now wants examined to preserve his electronic communications.
At some point after that hearing, the juror who posted on Facebook deleted her posts, the defense wrote in court records.
Throughout the trial, Judge Cole repeatedly told jurors at the end of each day not to watch any news related to the case.
He also gave them a final warning immediately after the trial ended, but the juror did not speak, according to the defense.
Federal prosecutors counter that she had nothing to say because she never revealed evidence, commented on evidence or expressed her opinion about it in her social media posts.
“On the contrary, Juror X mainly published information about her schedule, the fact that she was a juror and her remuneration. These posts functioned more as announcements of her experience as a juror,” Painter wrote.
The 12-member jury was selected from 11 counties primarily in southwestern Ohio, including Hamilton County. Their names have not been disclosed.
Sittenfeld faces up to 10 years in prison for bribery and up to 20 years for attempted extortion.
No sentencing date has yet been set.
Judge Cole is expected to rule soon on the defense’s request to examine the juror’s electronic devices.
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