U.S. v. Morales

In prosecution on series of RICO charges stemming from defendants' activities in or with gang, Dist. Ct. did not err in empanelling anonymous jury where instant defendants had history of intimidating witnesses, as well as history of interfering with administration of justice. Moreover, Dist. Ct. took steps to mitigate any potential prejudice arising from jurors' anonymity by informing jury that their names were being withheld only to prevent contact, as opposed to protect their personal safety. Also, Ct. rejected defendants' claims that anonymous jury precluded them from using peremptory challenges or undermining effectiveness of voir dire. Dist. Ct. also did not err in failing to conduct hearing on juror's note suggesting that other jury members were participating in premature deliberations of case. Hearing was not required where alleged intra-jury misconduct came to light only after verdict had been issued, and Rule 606(b) did not permit post-verdict interrogation of jurors regarding scope of their deliberations. Additionally, while alleged intra-jury discussion of case may have violated Dist. Ct.'s order, nothing in juror's note indicated that jury's objectivity had been compromised.