United States v. Mostafa
7 F. Supp. 3d 334
S.D.N.Y.2014Background
- Mostafa Kamel Mostafa (Abu Hamza al-Masri) is indicted on terrorism-related charges and faces trial starting April 14, 2014.
- A prior UK trial in 2005-2006 found him guilty of incitement; jurors and witnesses faced no security issues there.
- The Government moved for an anonymous jury and other protective measures (daytime sequestration and undisclosed transport) (ECF No. 235).
- Second Circuit requires strong justification for anonymous juries; the Government offered no concrete facts showing juror safety threats or need for protection.
- The court denied the motion, concluding there is no real threat to jurors and that ordinary procedures should remain in place.
- The clause notes the court may provide neutral explanations for any use of an anonymous jury, but none was warranted here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to empanel an anonymous jury | Mostafa argues no threat to jurors; no basis for anonymity | Government relies on potential threats to judicial process | Denied; anonymous jury not warranted |
| Whether protective measures beyond anonymity are justified | Motions for protective measures unnecessary given lack of threat | Protective measures needed for safety and integrity | Denied; no basis for such measures beyond standard procedures |
Key Cases Cited
- United States v. Vario, 943 F.2d 236 (2d Cir.1991) (limits on anonymous juries; requires real threat or strong need)
- United States v. Persico, 832 F.2d 705 (2d Cir.1987) (three-factor test for anonymous juries)
- United States v. Tomero, 486 F.Supp.2d 320 (S.D.N.Y.2007) (court factors for anonymity and safety concerns)
- United States v. Aulicino, 44 F.3d 1102 (2d Cir.1995) (prior willingness to corrupt the system as basis for anonymity)
- United States v. Thai, 29 F.3d 785 (2d Cir.1994) (neutral explanation required if anonymous jury is used)