United States v. Benabe, No. 09-1190 (7th Cir. 2011)
Annotate this CaseIn 2002, state and federal authorities began investigation of gang violence in Aurora, Illinois. Defendants were convicted of conspiracy under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1962(d), and various combinations of related charges of murder, conspiracy to commit murder, assault with a dangerous weapon, drug distribution, conspiracy to distribute drugs, and unlawful possession of firearms. The Seventh Circuit affirmed, first rejecting challenges to empanelment of an anonymous jury. The court erred under Rule 43 by barring two defendants from trial on the day before trial, rather than on the morning when jury selection began, but the error was harmless; removal was justified by defendants' disruptive behavior. During trial, the court repeatedly asked whether they were willing to attend; they refused to communicate with attorneys and did not watch the live video feed. The defendants knowingly waived their right to be present. The court also rejected challenges to admission of certain eyewitness testimony; to jury instructions on aiding and abetting and defining "pattern of activity;" to the judge's decision to give a Pinkerton instruction at the penalty phase, but not the guilt phase; to provision of partial transcripts to the jury; and to the impartiality of two jurors.
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