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Case 1 :94-cv—00336-KAJ Document 457 Filed 03/30/2005 Page 1 of 2
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LISA B. GOODMAN FRANCIS J. SCHANNE
JOHN W SHAW MICHAEL? STAFFORD
JAMES P I·IUGl·lES, JR. JOHN E T RACEY
EDWIN} HARRON ALFRED vILLocH, III
MICHAEL R. NESTOR CHRISTIAN DOUGLAS WRIGHT
MAUREEN D L.uI ROLIN P BISSELL
BY E-FILING
The Honorable Kent A. Jordan
United States District Court
844 N. King Street
Wilmington, DE 19801
Re: Hamilton v. Levy, et al., C.A. No. 94-336--KA]
Dear Judge Jordan:
I am writing to report as directed in Your Honor’s letter of today concerning
paragraph 10 of Mr. Hamilton’s letter docketed as item 454.
I have drafted a letter in accord with Your Honor’s direction that will be sent to
Mr. Hamilton via Federal Express, U.S. Mail, and, if possible, hand delivery. This letter will be
sent today.
1 have further attempted to contact Mr. Hamilton by telephone last evening, but
was able to reach only an answering machine. I note in this regard that beginning mid—last week
Mr. Hamilton’s telephone number was discomiected, and I am not certain that the number is still
assigned to him. We are, however, attempting to make contact at that number again today.
With regard to whether Mr. Hamilton has or has had access to the juror identities,
I have several items to report. I reviewed a copy of the jury list with Mr. Hamilton on the Friday
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Case 1:94-cv—00336-KAJ Document 457 Filed 03/30/2005 Page 2 of 2
Youuc CoNAwAY STARGATT & TAYLOR., LLP
The Honorable Kent A. Jordan
March 30, 2005
Page 2
before the trial. Mr. Hamilton also asked to look at a copy of the jury list during _jury selection,
and a copy was shared with Mr. Hamilton at counsel table in the couitroom. When the jury was
seated, the juror names were recorded on a sheet in the order they were seated; this sheet was
visible to Mr. Hamilton until the time the jury was sworn. Mr. Hamilton asked questions about
the jury members generally and was shown my annotated copy of the jury list during the
peremptory challenge phase of the jury selection process.
After jury selection was complete, my notes and annotated jury list was returned
to a labeled folder; l do not recall, however, whether the second copy of the jury list that was
available on counsel table was returned to its folder or whether Mr. Hamilton kept it. To my
knowledge, the labeled folder was not shared with or reviewed by Mr. Hamilton at any other
point during the trial. Also to my knowledge, Mr. Hamilton did not take notes about or
concerning the jury selection in the courtroom.
Finally, this office has not shared a copy of the sealed jury verdict with Mr.
Hamilton, nor has Mr. Hamilton requested a copy of the sealed verdict. Mr. Hamilton also has
not asked — except in the letter docketed as item 454 — for any information about any juror at any
time after jury selection was complete. And, while the juror names are available in the
transcript, to my knowledge Mr. Hamilton has not requested a copy of the transcript and he does
not have access to a copy of the transcript.
Respectfully submitted,
M W. Shaw
JWS/pt
cc: Clerk of the Court (via e—filing)
Ralph K. Durstein, Ill, Esquire (via e—filing)
Thomas H. Ellis, Esquire (via e—filing)
Aaron Goldstein, Esquire (via e—filing)
Richard W. Hubbard, Esquire (via e—filing)
Marc P. Niedzielski, Esquire (via e—filing)
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