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For Security Fraud Trial of MiMedx SDNY Judge Rakoff Asks About Trial Consultants

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Oct 23 –William Taylor and Parker H. Petit were charged with conspiracy to commit securities fraud with respect to MiMedx. 

On October 5 U.S. District Court for the Southern District of New York Judge Jed S. Rakoff held a pre-trial proceeding. Inner City Press covered it.  

Judge Rakoff answered more than 30 questions, ranging from whether paper exhibits will be accepted (they are not favored but will be accepted on cross-examination) to if the defense lawyers could bring food in. 

  Judge Rakoff noted that the SDNY cafeteria is open, and he doesn't expect lawyers to bring food into his courtroom. He said to expect an audio feed - as it should be, despite a recent audio-less sentencing in EDNY, here - but not a defense lawyer's "war room" like T-Mobile had in their antitrust bench trial last year.  

At the end of the proceeding it emerged that there may be a request to put off the whole thing.

 Judge Rakoff said he wouldn't prejudge it. But Inner City Press wrote that would not bet on this motion being granted. And it was not.

On October 23 Judge Rakoff held another final pre-trial proceeding. He mulled sanctions against the defense lawyers but demurred. He asked why they wanted a special table and was told about a trial consultant.

  Judge Rakoff asked, A lawyer on your team?

That wasn't answered, except by reference to who will be in the "hot seat." Judge Rakoff said that the name of any trial or jury consultant would have to be disclosed. This wasn't answered either. Judge Rakoff predicted picking a jury in an hour and a half, and said he or his deputy have pooled 300 juries and have learned that overly long opening statements are unhelpful. So the cap is 30 minutes.

The case is US v. Petit et al., 19-cr-850 (Rakoff)


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