Part of the Government Response to Defense Statements at End of Nov. 17, 2006 Hearing

Feaga:  "..They say that you should have asked about these e0mails that they admit and claim were anonymously mailed to them.  They have no idea whether these e-mails are accurate, they have no idea whether they are authentic.  They simply state that they got them in the mail.  Now, Your Honor, what we do know is that Juror Number 40 is a published press account down in Mobile stated that those e-mails are not hers.  She disavowed them in a public media forum.  So they have an answer to that question, they just don't like it."

"But we would submit to your Honor that the Court covered the questions about the e-mails more than adequately in the questions that the Court asked.  The Court asked about whether or not they have heard anything about the penalty.  One of those alleged anonymous e-mails talks about the penalty I think is what is in this anonymous alleged e-mail.  The Court asked did anybody have any extraneous information on that.  They said no.  And the other areas that are covered in those e-mails, Your Honor, we would submit don't go into the deliberative process anyway.  It's extremely argumentative to claim the they do.  But the Court's questions more than adequately covered those, there's no need to go any further with that."

"We also heard from Mr. McDonald that the preeminent issue here is the Defendants' Sixth Amendment rights.  We dispute that, Your Honor.  We think there's another preeminent issue here.  We think the Court is very much aware of it, but we want to just state for the record that there's another very important issue here, and that is the right of the public to a fair trial.  The right of the public to future fair trials.  And the Court has to be, as the Court was, very careful to make sure it maintained balance.  The last think in the world this Court wants to do is establish a precedent and a record for every person that comes into the Middle District of Alabama to serve potentially as a juror to think that they are going to be subjected to investigations and inquiries and subpoenas and have their personal mails and correspondence looked into by the very criminals that they convicted.  There's a very important right here that is just as important as the Sixth Amendment rights, and we think the Court handles that very well, Your Honor, so we disagree with their objections on that."

"I want to turn to Mr. Leach now.  Mr. Leach said that they were denied by the Court's refusal to enter subpoenas to the Internet service providers and to the employers of various jurors, and to the jurors, not just for their records, but to seize their computers.  He says that they were denied their ability to corroborate and impeach -"

Leach - "Judge, we never asked to seize anybody's computers, ever."

The Court:  "Let him state for the record, Mr. Leach."

Feaga:  "-so that they can corroborate and impeach the testimony of these 12 citizens, whose only offense was to agree to come in here and do their public duty.  And now these convicted criminals want to establish a precedent in this Court that they should be allowed to investigate jurors.  We would submit to the Court that the Court handled that well also..."

"...I have already addressed the issue of whether or not - and Mr. Leach covered as did Mr. McDonald this desire on the part of these Defendants for the Court to conduct an investigation of the jury, and also mentioned that they just can't get what they need unless the Court subpoenas their Internet service providers and basically goes in behind everything these people under oath testified to Your Honor that had happened, which we would submit was extraordinarily - and one of the things the Court can do and we did is observe the demeanor of these people.  It was very evident to the United States and we believe it was to the Court that these people were telling the truth in the court today.  And there's no need, and certainly no public purpose would be served by having these people's statements and testimony called into question today by further inquiry and investigation as to whether or not they were telling the truth, Your Honor.  And we would submit to you on behalf of the United States that we believe those witnesses were telling the Court the absolute truth the best they could recall it."

"...Your Honor I am going to finish up fairly briefly with this statement generally about the objections that the defense has raised.  Your Honor, we think the Court conducted an extraordinary examination into the questions that were raised by the defense in their motion, questions that the defense raised with information that is highly suspect, both because of its anonymity and/or because of the way in which it was obtained, and the serious question about whether or not someone was trying to interfere with the due administration of justice in this case, as it is now flowing through its post-trial phase.  Your Honor, there are - I think it was King Solomon who once said that there are two things that will never be satisfied, one of them is a woman who wants to have children and can't have them and another one is the grave.  And we would submit to Your Honor that there should be a third one added to that, and that third one should be defense attorneys who are trying to get a case overturned."

"They brought before the Court anonymous e-mails, they brought before the Court an improper investigation of a juror, and the Court has now conducted a full inquiry into those and it's our belief and our position, we certainly will be arguing as the Court wants us to, that the Court now knows that these issues that were raised in these motions do not warrant the relief the Defendants seek..."