Monday, April 15, 2013

How Interesting - In Leonard Cohen's Stalinesque Show Trial The Prosecutor And Public Defender Apparently Were Involved In A Discussion Or Joke In The Presence Of A Juror That Involved The IRS Binder The Judge Finds To Irrelevant

From: Kelley Lynch <>
Date: Mon, Apr 15, 2013 at 8:31 PM
Subject: Sidebars
To: "*irs. commissioner" <*>, Washington Field <>, ASKDOJ <>, "Kelly.Sopko" <>, "Doug.Davis" <>, Dennis <>, "Francisco.A.Suarez" <>

To the IRS Commissioner's Staff,

I am now reviewing all sidebars again  particularly as they relate t the IRS and Agent Tejeda, etc.  One sidebar discussion is particularly disturbing and that would include the court's response.  This occurred on April 9, 2012 when prosecutor Streeter handed the public defenders the IRS binder.  It's page 150 of the trial transcripts which the IRS and FTB should most definitely review with a fine tooth comb.  I would also like to note that quite an number of sidebars were not recorded which is unconscionable.  It's fascinating that the PD and prosecutor think the IRS binder was humorous.  And then they both cover for themselves by saying they had stopped talking after they acknowledged talking or joking.  There should have been an inquiry and there still should - of the judge, juror, and both the prosecutor and public defender.  Obviously.

All the best,

 Public Defender Kelly:  At the conclusion of the morning ... or right after the morning break, counsel and I were somewhat discussing this case after the jury had left, when unbeknownst to us Juror No. 1 had been in the back and had come out.  I don't know what was heard.  We were talking about the case, something -- It was kind of in jest and kind of light-hearted.  I think counsel --
Streeter:  Yes.  I had gotten some documents from Mr. Kory and I gave it to defense counsel. 
Kelly:  And there was -- I don't know if there was a joke or something about -- something that could --
Streeter;  I could send a messenger. 
Court;  Do you want me to make inquiry?  It seems like making a big deal out of nothing.
Kelly:  Right.  I just wanted to --
Court:  I appreciate your letting us know, but I don't think any further inquiry.  It doesn't so9und like there's any potential --
Streeter:  At the point he came out we weren't even talking.
Kelly:  Right.  We had stopped, but right when he came out.
Court;  We'll try to be more careful about making sure all our jurors are out.  RT 151/152