Attorney Victorino DLG. Torres stated in his declaration that on the afternoon of April 24,, he was informed by the federal court that the jury had a note and they were required to be present.
Torres said he asked the federal court staff if the note was a verdict but the staff member informed him she was told to tell Torres it was a note.
Torres said when he arrived in the courtroom, he was surprised to see police cars parked outside.
He said he was informed that the jury would be coming in.
Torres said he was “shocked, surprised and puzzled” and asked the court staff again if the note was a verdict, but he got the same answer.
Torres said he asked U.S. Assistant Attorney Eric O’Malley who told him he believed it was a verdict.
“I am stunned as to the trickery of the court’s effort to withhold such information when there is no basis from withholding it from the defendants,” Torres said.
He said he saw the jury note on April 27 and it expressly stated that “the jury has a verdict.”
Torres also pointed out that former Commonwealth Utilities Corp. Executive Director Anthony C. Guerrero’s family was present throughout the four days of his testimony and during the closing arguments and jury instruction.
Guerrero testified against the other defendants.
Torres said Guerrero’s family composed of his brother, sister, sister-in-law, parents, uncle and other relatives were all sitting on the prosecution side within 20 feet from the jury box even after the former CUC official had finished testifying, and during the entire closing arguments.
The defendants’ families, Torres said, were prohibited from sitting in the area behind the prosecution side, yet other members of the community including witnesses’ families and family members of the jurors were allowed to sit behind the government panel.
