Court Limits Testimony Against Awadallah
by TChris
Are federal prosecutors worried that they can't convict Osama Awadallah if he has a fair trial? Awadallah is charged with committing perjury while testifying before a grand jury. The prosecutors want grand jurors to testify about their impressions of Awadallah's demeanor during his grand jury appearance. In other words, they want to call grand jurors to testify, "yep, he sure looked like he was lying, shifty eyes and all" -- or as close to that as they can come.
Awadallah was handcuffed to his chair when he appeared before the grand jury. Judge Shira Scheindlin had the good sense to protect Awadallah from prejudicially speculative interpretations of Amadallah's "demeanor" as he sat handcuffed before his inquisitor. The prosecution appealed that ruling, delaying the start of Awadallah's trial.
A small victory for Mr. Awadallah: Judge Scheindlin made the government pay for his return to California while he waits for his trial to resume.
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