NCJ Number
133251
Journal
American University Law Review Volume: 40 Issue: 2 Dated: (Winter 1991) Pages: 849-863
Date Published
1991
Length
15 pages
Annotation
To provide a checklist for counsel attempting to find a fair and impartial jury, this commentary identifies those issues and motions unique to the media-hyped megatrial of the variety encountered when defending Carlos Enrique Lehder-Rivas (Lehder) who was found guilty on all counts of conspiracy, cocaine importation, operating a continuing criminal enterprise, and possession of cocaine with intent to distribute.
Abstract
Issues and motions addressed cover both motions for a change of venue and the need for counsel to commission a venue study to gain even a chance of changing venue as well as motions that fall in the category of beyond or in lieu of the change of venue. The latter group includes: the use of voir dire to determine juror prejudice; a motion to limit all visible security during jury selection; a motion in opposition to anonymous jury and unnecessary jury security; a motion for counsel-conducted, individual voir dire; a motion for open-ended questions by the judge and opposing "conditioning questions" by the judge and the prosecutor; a motion for increased preemptory challenges; a renewed motion to change venue; and motions for a gag order and to oppose the availability of any newspapers to the jurors. Counsel must take all of the measures identified if the defendant is to have even a chance at being tried by a fair and impartial jury. 69 footnotes