IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA

STATE OF FLORIDA, Case No.: 2009CF009771AMB

Division: W
vs.

DALIA A. DIPPOLITO,

Defendant.
/

ORDER DENYING DEFENDANTS MOTION

FOR JUROR INTERVIEWS AND FOR NEW TRIAL

This matter came before the Court on Defendant Dalia A. Dippolitos Motion to

Permit Juror Interviews and for New Trial (DE #1454), filed June 22, 2017. A hearing

was conducted on the Defendants Motion on July 14, 2017. The Court has reviewed the

submissions of the parties and heard the argument of counsel. For the reasons stated on

the record, the Defendants Motion must be denied.

The Defendant alleges that juror interviews are necessary because juror Eileen

Castaneda was sleeping during the course of the trial. For the same reason, the

Defendant seeks a new trial. This is a matter that the Court addressed on the record

during the trial.

First, the Defendants Motion does not support the extraordinary remedy of

conducting a juror interview. Juror interviews are generally appropriate where some

misconduct has occurred outside of the presence of the Court. For example, premature

deliberations by jurors or conducting outside research would be matters done without the

Courts knowledge which might require a juror interview.

 The allegations here deal with a matter which occurred in open court. Whether

Ms. Castaneda was paying attention to the evidence presented during the trial would be

subject to observation by the Court and does not require, or necessitate, interviews with

jurors. Indeed, the Court made all necessary observations of Ms. Castaneda during the

course of the trial and stated its findings on the record. Therefore, no juror interviews are

warranted.

Second, the Defendant is not entitled to a new trial as the Court, based on

personal observation, found that Ms. Castaneda was not sleeping through the testimony

presented and was paying attention during the course of the trial. While at trial, and in

support of the present Motion, the Defendant has filed affidavits from persons associated

with the defense team alleging that Ms. Castaneda was sleeping, the Court based on

personal observation and knowledge found otherwise on the record during the trial.

Based on the foregoing, and for the reasons stated on the record, it is hereby,

ORDERED AND ADJUDGED that Defendant Dalia A. Dippolitos Motion to

Permit Juror Interviews and for New Trial is DENIED.

DONE AND ORDERED in Chambers, at West Palm Beach, Palm Beach

County, Florida this 14th day of July, 2017.

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Copies Furnished to:

ASA Craig A. Williams

ASA Laura Lairue
c/o State Attorneys Office
401 N. Dixie Highway
West Palm Beach, FL 33401
Office: (561) 355-7100
Email: Cwilliams@sa15.org,
llaurie@sa15.org

Brian Claypool, Esq.

1055 E. Colorado Boulevard
5th Floor
Pasadena, CA 91106
Office: (626) 664-9489
Email: Brian@ClaypoolLawfirm.com

Greg Rosenfeld, Esq.

Law Office of Greg Rosenfeld, P.A.
515 N. Flagler Drive, Suite P300
West Palm Beach, FL 33401
Office: (561) 820-1508
Cell: (516) 721-5014
greg@rosenfeldlegal.com