Former warden Ray J. Garcia's move for a mistrial, after he was convicted of sexual abuse at FCI Dublin, has no merit, according to prosecutors.
of three counts of having sexual contact with incarcerated women, four counts of abusive sexual contact and one count of lying to the FBI.
But "none of these arguments have any merit," argued Asst. U.S. Attorneys Mollie Priedeman and Andrew Paulson."Over the course of three days, Garcia repeatedly lied under oath and unsuccessfully attempted to explain away the overwhelming evidence of his guilty. The jury did not find Garcia's testimony credible."
The federal prosecutors argued that it is not "extrinsic evidence" when an elderly female juror reminded her peers to bring "humanity" into the deliberation room and used her experience as a mother and a sister to form her opinion. In fact, the prosecutors added that the courts have "consistently held" that jurors' reliance on their personal experiences does not violate a defendant's constitutional right to a fair trial, but that jurors must rely on their personal experiences to properly evaluate the evidence and render a verdict.
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