In Re: Mikhel USA v. United States District Court for the Central District

OPINION AND ORDER

OPINION

The United States petitions for a writ a mandamus ordering the district court to permit certain crime victims to observe in its entirety the murder trial in which they will testify, pursuant to the Crime Victims’ Rights Act (“CVRA”), 18 U.S.C. § 3771 . For the reasons explained below, we grant the United States’ petition in part.

Defendants are charged, in pertinent part, with kidnaping for ransom and then murdering five people who lived in the Los Angeles area. On May 16, 2006, the United States filed an unopposed motion in limine to permit the family members of the murder victims — including those who were to testify — to witness the defendants’ trial in its entirety. The district court denied the motion and held that

The court explained that its ruling served to prevent collusive witness testimony and to ensure proper courtroom decorum. The United States petitioned this court for a writ of mandamus.

In recognition of the substantial deference afforded trial courts in these matters, our rules have traditionally provided that non-party witnesses cannot listen to the trial testimony of other witnesses. Fed. R. Evid. 615. Rule 615, however, recognizes…