This is the question before federal judge Myron Thompson who is presiding over the prosecution of Milton McGregor in Montgomery, Alabama. McGregor, whose trial starts June 6th, is charged with using campaign contributions and other means to try to buy votes for a gambling bill.
According to the prosecutors handling the case, members of the defense team are attempting to taint potential jurors through a telephonic poll. Here is a recent editorial in the Montgomery Advertiser on the issue.
Now there is concern that push poll techniques are being used not in a political sense, but possibly as a way to influence potential jurors in the upcoming federal corruption trial involving allegations of bribes to influence gambling legislation before the Alabama Legislature.
Federal prosecutors raised concerns last week that defense was using polls to try to influence the public, and thereby potential jurors.
According to prosecutors, pollsters for Victoryland owner Milton McGregor's lawyers have been using a poll to influence potential jurors in favor of McGregor by asking loaded questions. For instance, prosecutors said people were asked if their opinion of McGregor would be affected if they knew the defendant "is a charitable man who has provided support and funding to schools and nonprofit causes throughout Alabama" or if they knew he was active in his church.
Such loaded questions certainly sound like a push-poll technique.
If push polls are being used by the defense, U.S. District Judge Myron Thompson should come down on defense attorneys like a load of bricks. As bad as push polling is in political campaigns -- one state has outlawed them -- they are even worse if used to try to skew potential jurors. Allowing them prior to trials would undermine the public's faith in the judicial system and make it extremely difficult to find unbiased jurors... to continue reading go here.
The prosecution has filed a motion asking the court to dismiss any potential juror who has been polled. The defense's response is available here. Judge Thompson is expected to rule on the prosecution's motion soon.
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