Earlier today, some 8 new pages of defense motions were filed (and some 38 pages of government counter-arguments) in the federal courthouse, in Brooklyn. The motions cover the statements that the government intends to introduce at trial -- statements made by Mr. Shkreli, in various fora -- as to matters related to the indicted crimes. Some of them are. . . explosive. And we will all read them, anew -- in the New York papers of general circulation, in last week of June -- some 27 days away now.
In an ordinary civil matter, I'd simply post them.
But this is no ordinary civil matter. In fact, it is a felony trial. Mr. Shkreli's liberty is at stake. And whether I like him or not -- he should get a fair trial -- and an untainted jury pool.
So -- it is my estimation that, as to at least some parts of some of them, the able Judge Matsumoto may rule that the government may NOT use some of the proffered statements attributed to Mr. Shkreli -- at trial. Thus, unless they are widely-publicized elsewhere (in main stream media reporting, on Twitter, etc.) -- disclosing them here might at least arguably taint the jury pool. Some of them are statements that MSM simply reported, and he never refuted, as quotes attributable to him, by professional journalists, in interviews he granted, both pre- and post-arrest.
That said, I do not want to be any sort of impediment -- in any criminal matter. And more directly, I do not want Mr. Shkreli to have any basis for any appeal, based on what we publish here. So if any of my readers see them elsewhere online -- please do not post them here, in comments. I will likely delete them.
At some point tomorrow, I may publish only the portions I am certain the able Judge will allow the government to use, at trial.
We shall see. I can say that the motions will be fully briefed by next week -- and I may comment on those arguments -- over the criminal procedural law applicable to them, then.
Good night.
नमस्ते
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