10/13/2010
Defense attorneys for the four men who were charged as involved in a plot to shoot down military planes and bomb Bronx synagogues, asked the judge to declare a mistrial because jurors were able to see evidence, which were not admitted during trial.
The evidence being referred to were transcripts of the telephone calls made by two defendants particularly, Onta Williams and David Williams IV. The transcripts were included in the evidence binders of the jurors.
The two defense lawyers, Susanne Brody and Mark B. Gombiner, said in a letter written to Federal District Court Judge Colleen McMahon that, “A juror would have to be a mental Olympic gymnast to put out of his or her mind the extra-record information when deciding Onta Williams’s fate.”
Theodore S. Green, defense lawyer of David Williams IV, another defendant, in the case, said that the transcript of the phone calls made by his client, which was included and read by the jurors, was prejudicial.
Jurors told Judge McMahon that the transcripts were included in their binders. Onta William’s conversation was found in every binder, while that of David William’s was found in one. The judge asked them how much they have read to gauge whether indeed a mistrial happened.
Prosecutors argued that the error of including the transcripts was not a reason for a mistrial, as they have not seen the page that has all the most prejudicial information.
