The opinion of the court was delivered by: Stiehl, District Judge
Before the Court are multiple motions filed by the defendant Tyrone Jackson, pro se, all asserting the same basis for relief, that the Court erred when it allowed the Court's Director of Information Technology, Tom Galbraith, to take a laptop computer into the jury room and demonstrate its use during the jury's deliberations in the trial of this matter. The motions filed by defendant Jackson are:
1. Motion for declaration of a mistrial (Doc. 118);
2. Motion to dismiss and to declare a mistrial (document entitled "Conclusion) (Doc. 119);
3. Motion to Set Aside Judgment (Doc. 125);
4. Motion to Dismiss (Doc. 127);
5. Motion to Dismiss (Doc. 154).
6. Motion for Reconsideration of Order on Motion for Issuance of Subpoenas (Doc. 160).
The Court held an evidentiary hearing on the motions and took them under advisement.
At the hearing the Court heard the argument of the parties and the testimony of Tom Galbraith. Subsequent to the hearing, defendant Ladd has filed a document entitled "Clarification and Objection" in which she indicates that she does not join in the motions filed by defendant, or in his oral motion for substitution of judge, which was denied by the Court
A. Testimony at the Hearing
1. Court's Questions to Galbraith
The Court received the testimony of Thomas Galbraith who stated that on July 18, 2008, the day that the jury deliberated, at the request of the Court, he brought a new, unused court laptop to the courtroom for the jury to use during its deliberation. Galbraith is the Court's Director of Information Technology. The Court asked him a series of questions and then the parties were allowed to question him on the events of the time in question.
Galbraith stated that on the afternoon of July 18, 2008, he was called by the Court's courtroom deputy to bring a laptop for the jury to use during their deliberations to watch DVD excerpts of recorded transactions which had been admitted into evidence during the trial.*fn1 He went into the jury room and explained how to use the laptop. He did not ask the jurors any questions about their deliberations, nor were there any questions from the jury other than those directly related to the operation and functioning of the laptop.*fn2 He testified that the computer used was a Dell, Insperion laptop, with a DVD player. Although the laptop had ...