01-1110, 01-1111, 01-1185 U.S. v. Bishawi, et al.

Listen to this article

“Where, as here, the record is void of any specific information regarding the occurrence and nature of, as well as the circumstances surrounding the ex parte contacts, the impact thereof upon the jurors, and whether or not the juries were prejudiced, a hearing in which all interested parties are permitted to participate is not only proper but necessary. Remmer, 347 U.S. at 229-30; Rushen, 464 U.S. at 119-20. The holding of an evidentiary hearing in this case would have afforded the parties an opportunity to interview jurors and determine ‘whether extraneous prejudicial information was improperly brought to the jury’s attention or whether any outside influence was improperly brought to bear upon any juror.’ Fed. R. Evid. 606. Once these factual determinations were made, the trial court would have been equipped to adequately assess the impact of any ex parte contacts on the juries before whom appellees’ cases were tried and decide whether or not such communications were harmless error. Remmer, 347 U.S. at 229- 30; Rushen, 464 U.S. at 119-20.”

“The trial court abused its discretion in failing to hold such a hearing. Accordingly, we vacate the judgments of the district court granting defendants-appellees’ new trial motions and remand with directions to hold an evidentiary hearing to determine what ex parte contact occurred and whether such contact was prejudicial to the appellees.”

Vacated and remanded.

Appeals from the United States District Court for the Southern District of Illinois, Mills, J., Bauer, J.