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Chavez: Simultaneous Bench and Jury Trials Ok

By Tim Cone

In U.S. v. Chavez, No. 08-12638 (Oct. 16, 2009), the Court affirmed drug trafficking convictions and sentences.Several defendants were indicted in the case. One pled not guilty. Four pled guilty but reserved the right to have a bench trial requiring proof beyond a reasonable doubt as to the drug quantities. The five went to trial together. The trial court did not disclose to the jury that some defendants had pled guilty; the verdict form ultimately only sought a verdict as to one defendant.The Court rejected this defendant?s argument that his motion for a severance should have been granted. While acknowledging the novelty of simultaneous jury and bench trials, and declining to endorse the technique, the Court found no prejudice.The Court rejected the argument that a mistrial should have been granted when a government witness, in response to a question on cross-examination, answered: "The only way to know [the answer] is through the Defendant...continue to full post

Full post as published by Defense Newsletter Blog on October 16, 2009 (boomark / email).