DAVID HITTNER, District Judge.
Pending before the Court is the United States of America's Motion to Rejoin Defendants. Having considered the motion, submissions, and applicable law, the Court determines the motion should be granted.
This case involves two defendants in an alleged conspiracy scheme to commit political bribery. On December 20, 2010, the United States of America (the "Government") filed an indictment charging Defendants Gerald R. Eversole ("Eversole"), current Commissioner of Harris County, Precinct 4, and Michael D. Surface ("Surface"), a real-estate developer, (collectively, "Defendants") with conspiracy, in violation of 18 U.S.C. § 371, and with committing bribery related to federally funded programs, in violation of 18 U.S.C. § 666(a)(1)(B) and (aX2). Additionally, the indictment charges Eversole with filing false income-tax returns, in violation of 26 U.S.C. § 7206(1). Jury selection was originally scheduled for February 22, 2011.
On January 12, 2011, the Court held a status conference during which Eversole communicated his intent to proceed to trial as scheduled. Eversole himself stated in open court that he had been counseled on the potential complexities in this case but nevertheless desired to proceed to trial as initially scheduled. On January 18, 2011, Surface moved for a continuance citing voluminous evidentiary materials and his counsels' need for time to prepare an adequate defense. The following day, Eversole moved to sever the case into separate trials. On January 27, 2011, the Court granted Surface's motion for continuance and, as requested, set his trial for October 2011. The Court also severed the case into separate trials and set jury selection for Eversole to commence on March 7, 2011.
On March 7, 2011, the Court empaneled a jury, and the next day the Government began presenting evidence against Eversole. On March 25, 2011, after three weeks of trial, the Government rested, and Eversole elected not to present a defense. Thereafter, the jury received instructions from the Court and began its deliberations, which after four days ended in a deadlock.
As an initial matter, the Court addresses the form of the Government's motion. The title of the Government's motion contemplates "rejoinder" of the Defendants. However, the case law the Government cites and the arguments it sets forth surround the body of law concerning severance under Rule 14(a) of the Federal Rules
Under Rule 14(a) of the Federal Rules of Criminal Procedure, "[i]f the joinder of ... defendants in an indictment ... appears to prejudice a defendant or the government, the court may ... sever the defendants' trials, or provide any other relief that justice requires." FED. R.CRIM.P. 14. The Court has discretion to sever a case into separate trials. Opper v. United States, 348 U.S. 84, 95, 75 S.Ct. 158, 99 L.Ed. 101 (1954) ("It [is] within the sound discretion of the trial judge as to whether the defendants should be tried together or severally."); see also United States v. Whitfield, 590 F.3d 325, 356 (5th Cir.2009) ("The denial of a motion to sever is reviewed under an exceedingly deferential abuse of discretion standard.") (internal quotations omitted). "`There is a preference in the federal system for joint trials of defendants who are indicted together,' particularly in conspiracy cases." United States v. Hidalgo, 385 Fed.Appx. 372, 379 (5th Cir.2010) (emphasis added) (quoting United States v. Lewis, 476 F.3d 369, 383 (5th Cir.2007)). Thus, "[t]he rule, rather than the exception, is that persons indicted together should be tried together," United States v. Pofahl, 990 F.2d 1456, 1483 (5th Cir.1993), cert. denied, 510 U.S. 898, 114 S.Ct. 266, 126 L.Ed.2d 218 (1993), and "`district court[s] should grant a severance... only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence.'" United States v. Daniels, 281 F.3d 168, 177 (5th Cir.2002) (quoting Zafiro v. United States, 506 U.S. 534, 539, 113 S.Ct. 933, 122 L.Ed.2d 317 (1993)). Although Eversole acknowledges his initial joinder with Surface in the indictment was proper, he contends a joint trial will subject him to both risks.
First, Eversole contends a joint trial will compromise his statutory right to a speedy trial.
On January 27, 2011, the Court granted Surface's motion to continue trial until October 2011. In doing so, the Court found that the ends of justice served in granting the continuance outweighed the best interest of the public and Surface in a speedy trial.
Next, Eversole contends that a joint trial will subject him to undue prejudice. Specifically, Eversole contends that the Government may seek to introduce evidence from a separate criminal case, pending in the Southern District of Texas, against Surface and a former City of Houston official in which Surface is alleged to have engaged in acts that are similar to those alleged in the present case.
In addition to the above, the Court finds that the public's interest in judicial economy weighs in favor of a joint trial. When ruling on a motion to sever, district courts "must balance the public's interest in economy of judicial administration with the possible prejudice to the defendant." See United States v. Potashnik, Criminal No. 3:07-CR-289-M, 2008 WL 5272807, at *25 (N.D.Tex. Dec. 17, 2008) (quoting United States v. Harrelson, 754 F.2d 1153, 1176 (5th Cir.1985)); see also United States v. Matthews, 178 F.3d 295, 298 (5th Cir.1999) ("[W]e must also balance the possibility of prejudice against the interest of judicial economy." (citing United States v. Posada-Rios, 158 F.3d 832, 863 (5th Cir.1998))). Here, the Defendants are charged with conspiracy to commit and committing bribery related to federally funded programs.
Based on all of the foregoing, the Court hereby
ORDERS that United States of America's Motion to Rejoin Defendants is GRANTED. The Court further
ORDERS that Defendant Gerald R. Eversole's Motion for Severance is DENIED. The Court further
ORDERS that the Defendants shall be tried jointly and that jury selection is set for October 2011.
FIFTH CIRCUIT PATTERN JURY INSTRUCTIONS (CRIMINAL CASES) § 1.23 (2001).