01-3490 Whiting v. Westray

By: dmc-admin//July 1, 2002//

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“Schafer’s alleged misbehavior occurred during sidebars, outside the earshot of the jury. Moreover, the majority of Schafer’s alleged misbehavior occurred right out of the gate; it did not permeate the trial. Judge Lozano himself commended both attorneys on the second day for ‘being less argumentative.’ On the fourth day, he noted that things had been ‘going along . . . smoothly.’ Last, the defendants are not very precise about their prejudice. With one exception, they do not specify how Schafer impeded the presentation of their case. Schafer’s misbehavior did not prevent the jury from hearing any pieces of defense evidence and, aside from the occasional (and, it seems to us, typical) disruption, the defendants were able to cross-examine the Whitings’ witnesses.”

Affirmed.

Appeal from the United States District Court for the Northern District of Indiana, Lozano, J., Evans, J.

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