Marshall

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636 (b)(1)(C), the Court has reviewed the Petition, all of the records and files herein and the attached Report and Recommendation of the United States Magistrate Judge. The Court concurs with and adopts the conclusions of the Magistrate Judge.

The Court further notes that the intrusion into the jury room was done without the knowledge of the trial judge, and that the trial judge was put in the position of having to accept the self-serving statements of the intruders as to what transpired while they were in the jury room. The Court believes that such statements are an insufficient basis for the conclusion that the intrusion was harmless.

IT IS THEREFORE ORDERED that the Petition filed herein is hereby GRANTED, and that Respondent have 60 days in which to institute a new trial or order Petitioner’s release.

IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order, the Magistrate Judge’s Report and Recommendation and the order herein by United States mail on Petitioner, counsel for Petitioner and counsel for Respondent.

THIS ORDER SHALL BE ENTERED ACCORDINGLY.

FINAL…