Judge Juan Merchan, presiding over the trial of former President Donald Trump’s business records, cautioned Trump’s lawyer, Todd Blanche, and Manhattan Assistant District Attorney Joshua Steinglass about a statement made by an individual purporting to be a relative of one of the jurors.
Merchan disclosed in a written correspondence to Blanche and Steinglass that the court had been made “aware of a statement” that was posted on the Unified Court System’s Facebook page. The statement, made by a Facebook user, prematurely disclosed the jury’s decision of guilt a day prior to Trump’s conviction.
“Today, the Court became aware of a comment that was posted on the Unified Court System’s public Facebook page and which I now bring to your attention,” Merchan wrote in his letter.
The alert came after a Facebook user stated, “My cousin is a juror and says Trump is getting convicted. Thank you folks for all your hard work!!!!”
👀 Justice MERCHAN has notified the parties in Trump's case that a stray comment was posted on the NY court system's Facebook page on May 29, a day before Trump's conviction. pic.twitter.com/EszX3HClLN
— Kyle Cheney (@kyledcheney) June 7, 2024
“The comment, now labeled as one week old, responded to a routine UCS notice, posted on May 29, 2024, regarding oral arguments in the Fourth Department of the Appellate Division unrelated to this proceeding,” Merchan continued.
Under New York law, “a defendant can move to vacate a verdict on the basis of juror misconduct if and only if he can prove, by a preponderance of the evidence,” that there was misconduct, and that the misconduct “created a substantial risk of prejudice.”