Full opinion text
MEMORANDUM OPINION AND ORDER FULLER, Chief Judge. This cause is before the Court on matters relating to Defendants Don Eugene Siegelman’s and Richard M. Scrushy’s Motion for New Trial Pursuant to Rule 38(a) of the Federal Rules of Criminal Procedure (Doc. #467). On September 29, 2006, Defendants Don Eugene Siegel-man (“Siegelman”) and Richard M. Scrushy (“Scrushy”) jointly filed this motion. In their joint motion, Defendants argued that their Sixth Amendment right to trial by an impartial jury had been denied based on a variety of arguments relating to the conduct of the jurors during the lengthy and high-profile trial. Consequently, they jointly sought a new trial based on the exhibits and argument then submitted to the Court. In the alternative, they sought further information about possible juror misconduct or improper extraneous influence on juror deliberations and a future opportunity to argue that the additional information provided further support for their contention that a new trial was warranted. The Government opposed all of the relief Defendants sought on a variety of grounds. By prior Memorandum Opinion and Order, this Court denied the joint motion to the extent that it sought a new trial solely on the basis of exhibits and arguments initially submitted. Additionally, this Court denied the various mechanisms proposed by Defendants’ joint motion for gathering additional factual evidence relating to possible juror misconduct or exposure to extrinsic evidence. Instead, following the relevant precedents from the Eleventh Circuit Court of Appeals, this Court itself conducted two evidentia-ry hearings and allowed limited supplemental argument on the issue of whether a new trial was required in light of the evidence revealed at those hearings. Not surprisingly, the parties maintain their original positions on the appropriateness of a new trial. After careful consideration, it is the conclusion of this Court that the sole remaining requested relief in the Defendants’ joint motion, the grant of a new trial, is due to be DENIED. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND INFORMATION The Indictment of Siegelman and Scrushy On May 17, 2005, a federal grand jury handed down an indictment against Siegel-man and Scrushy. Initially, the indictment was sealed. In October of 2005, a Superseding Indictment was handed down by the grand jury which added additional defendants and charges to the case. In December of 2005, the grand jury handed down the Second Superseding Indictment. It is this indictment which presented the actual charges against the four defendants who proceeded to trial. From the moment that the indictment was unsealed, the case drew significant media attention. The indictment included allegations of public corruption. Additionally, Siegelman, a former Governor of Alabama, was seeking his political party’s nomination to run for Governor again and remained a candidate for that office when the trial started. Scrushy is a prominent Alabama businessman. In 2005, Scrushy had been tried and acquitted of federal criminal charges in another case filed in the United States District Court for the Northern Division of Alabama, relating to certain events while he was the Chief Executive Officer of HealthSouth, a large health care corporation. Because of the intense public interest in this case and the large volume of requests made to the Clerk’s office for a copy of the Second Superseding Indictment, the Court posted a link to a copy of the Second Superseding Indictment on the home page of the website maintained by the United States District Court for the Middle District of Alabama. The link was posted before trial began, and it remained active until sometime after the jury had reached its verdict. The posting of this link was consistent with this Court’s prior practice in other cases of posting links to court filings which generate significant public interest. The link enabled anyone accessing the website to view or print a copy of the Second Superseding Indictment. The Specific Charges Against All Of The Defendants The indictment named Siegelman as a defendant and alleged that during relevant periods of time, he held various public offices in the executive branch of the government of the State of Alabama. [F]rom on or about January 16, 1995, to on or about January 18, 1999, [Siegel-man was] the Lieutenant Governor of the State of Alabama, and while Lieutenant Governor was also, from on or about March 31, 1996, to on or about November 3, 1998, a candidate for Governor of the State of Alabama, and was, from on or about January 18,1999, to on or about January 20, 2003, the Governor of the State of Alabama. (Second Superseding Indictment at ¶ l.c). The indictment also named as defendants Paul Michael Hamrick (“Hamrick”), Gary Mack Roberts (“Roberts”), and Scrushy. During the relevant time periods, Hamrick was employed in the Lieutenant Governor’s Office of the State of Alabama and later as Chief of Staff to the Governor. Siegelman appointed Roberts to serve as the Director of the Alabama Department of Transportation. Scrushy was the Chairman and Chief Executive Officer of HealthSouth Corporation, an entity which was regulated by the State of Alabama Certificate of Need Review Board (“CON Board”). Count One of the indictment alleged that Siegelman and Hamrick engaged in a RICO conspiracy in violation of 18 U.S.C. § 1962(d). With respect to the “enterprise” requirement of the RICO statutes, the indictment alleged that the “enterprise” is the “Executive Department of the State of Alabama ... whose members functioned as a continuing unit for a common purpose of achieving the objectives of the enterprise.” The alleged broad purpose of the racketeering conspiracy alleged in Count One was “to give or withhold official governmental acts and influence ... in exchange for money and property to which the participants in the conspiracy were not entitled,” and “to deprive the State of Alabama of its right to the honest services of its public officials and employees in exchange for money and property” and “to conceal and otherwise protect the conspiracy and its participants from detection and prosecution.” (Second Superseding Indict, at ¶ 5). Count Two of the indictment alleged a substantive RICO count charging a violation of 18 U.S.C. § 1962(c) which provides as follows: It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt. Count Two of the indictment alleged that Defendants Siegelman and Hamrick “unlawfully and knowingly conducted and participated ... in the conduct of the affairs of the enterprise through a pattern of racketeering activity” as further set out in the indictment. Count Two set forth a number of separate racketeering acts. Counts Three and Four of the indictment, in which both Siegelman and Scrushy were originally named, charged them with federal funds bribery and aiding and abetting each other “in connection with the appointment of Richard Scrushy to the CON Board,” all in violation of 18 U.S.C. §§ 2 & 666(a)(1)(B). (Second Superseding Indict, at ¶¶ 49-51). Count Five, in which Siegelman and Scrushy were named, charged them with conspiracy to “defraud and deprive the State of Alabama of its right to the honest and faithful services” of Siegelman as Governor and Scrushy as a member of the CON board, in violation of 18 U.S.C. § 371. (Second Superseding Indict, at ¶¶ 52-66). Counts Six through Nine, in which Sie-gelman and Scrushy were named, charged them with aiding and abetting each other to commit honest services mail fraud as part of their scheme to defraud and deprive the State of Alabama of its right to honest services of Siegelman and Scrushy in connection with the CON board, in violation of 18 U.S.C. §§ 2, 1341, & 1346. (Second Superseding Indict, at ¶¶ 57-60). Counts Ten through Twelve, in which Siegelman and Hamrick were named, charged them with aiding and abetting each other to commit honest services mail fraud as part of their scheme to defraud and deprive the State of Alabama of its right to honest services from themselves as public officials in connection with governmental regulation of specified activities, allocation of bond funding and construction contracting, in violation of 18 U.S.C. §§ 2, 1341, & 1346. (Second Superseding Indict, at ¶¶ 61-63). Counts Thirteen and Fourteen, in which Siegelman and Hamrick were named, charged them with aiding and abetting each other to commit honest services mail fraud concerning performance bonds on a construction contract as part of their scheme to defraud and deprive the State of Alabama of its right to honest services from themselves as public officials, in violation of 18 U.S.C. §§ 2, 1343, & 1346. (Second Superseding Indict, at ¶¶ 64-65). Count Fifteen, in which Hamrick was charged, and Counts Sixteen and Seventeen, in which Siegelman was named, charged them with obstruction of justice, in violation of 18 U.S.C. §§ 1512(b)(3) & 2. (Indict, at ¶¶ 64-68). Counts Eighteen through Thirty-Three, in which Siegelman and Roberts were named, charged them with aiding and abetting each other to commit honest services mail fraud as part of their scheme to defraud and deprive the State of Alabama of its right to honest and faithful services from themselves as public officials in connection with functions of the Alabama Department of Transportation, in violation of 18 U.S.C. §§ 2, 1341, & 1346. (Second Superseding Indict, at ¶¶ 69-71). Finally, Count Thirty-Four, in which Siegehnan was named, charged him with extortion under color of official right and by fear of economic harm, in violation of 18 U.S.C. § 1951. (Second Superseding Indict. at ¶ 72). Jury Selection In March of 2006, the Court sent out Summonses for Jury Service for the trial of this case. The packet sent to prospective jurors included a cover letter, an expanded juror questionnaire, a memo on proper attire from the Jury Administrator, a notice regarding the Jury Automated System, information and materials about parking, and a six page document entitled Jury Instructions. The last paragraph of the Jury Instructions materials included the following information: Questions? If you have any questions/problems in connections with your service as a juror in this court, please call the jury administrator, Ms. Melissa Myers, at 334-954-3950, write us at Office of the Clerk, U.S. District Court, P.O. Box 711, Montgomery, AL 36101, or check the Court’s website http://www.almd. uscourts.gov. Jury Instructions at p. 6 (emphasis added with bold typeface). Indeed, the Court’s website has on its home page a link to information for jurors. The information for jurors addresses several topics: the importance of jury service, service in the Middle District, the courts, the voir dire examination, the jurors’ solemn oath, the eight stages of the trial, an explanation of the role of various people in the courtroom, courtroom etiquette, conduct of the jury during trial, information on what happens in the jury room, information about events after the trial, courthouse locations, and information about the plan for selection of jurors. The first paragraph of the information on the website under the topic of what happens in the jury room includes the following statements: “In this district, jurors elect a foreperson. The foreperson presides over the jury’s deliberations and must give every juror a fair opportunity to express his or her views.” For the sake of the completeness of the record, a copy of the information for jurors from the Court’s website is attached to this Memorandum Opinion and Order as Appendix A. On April 19, 2006, this Court convened for the purpose of selecting a jury for the trial of this cause. The Court brought in separate panels of potential jurors. While the Court conducted most of the voir dire of the potential jurors, it also allowed counsel for the Government and each of the defendants to conduct limited voir dire of each panel and to question particular members of the panel individually. The Court addressed the challenges for cause raised by various parties, including such a challenge to Juror # 5 from Siegelman and Roberts. Juror # 5 and other potential jurors were brought before the Court and counsel individually for additional questioning. After the individual voir dire, neither the Government, nor any defendant made any argument that Juror # 5 should be removed for cause; moreover, no one used a peremptory challenge to remove him from the jury. The voir dire process was completed on the afternoon of April 20, 2006. Counsel then struck a jury of twelve and six alternate jurors. Despite the intense public interest in the case and the widespread media reporting on the case, neither the Government, nor any defendant requested that the jury be sequestered. The Court considered completely sequestering the jury, but had concerns about the hardship that would impose on the jurors. The Court determined that it would be appropriate to partially sequester the jurors during the trial. To that end, the jurors met each day at a location away from the courthouse and were driven into the courthouse compound by the United States Marshal’s Service. Additionally, meals were provided to the jury in the courthouse during trial and deliberations so that the jurors would not have to be exposed to the large phalanx of reporters encamped outside the courthouse. At the end of the day, the United States Marshal’s Service delivered jurors back to their vehicles. Some jurors who had transportation problems or long commutes were provided with rooms at area hotels. Steps were taken to allow the jurors to remain anonymous if they wished to be able to do so. The Trial The trial began on the morning of Monday, May 1, 2006. The Court gave preliminary instructions to the jury based on the long version of the Eleventh Circuit Court of Appeals’ Pattern Jury Instructions. Included in these instructions was the following: During the trial you must not discuss the case in any manner among yourselves or with anyone else, and you must not permit anyone to attempt to discuss it with you or in your presence; and, insofar as the lawyers are concerned, as well as others whom you may come to recognize as having some connection with the case, you are instructed that, in order to avoid even the appearance of impropriety, you should have no conversation whatever with those persons while you are serving on the jury. You must also avoid reading any newspaper articles that might be published about the case now that the trial has begun, and you must also avoid listening to or observing any broadcast news program on either television or radio because of the possibility that some mention might be made of the case during such a broadcast now that the trial is in progress. The reason for these cautions, of course, lies in the fact that it will be your duty to decide this case only on the basis of the testimony and evidence presented during the trial without consideration of any other matters whatever. The Government and each defendant gave opening statements. In these opening statements the parties addressed the various charges set forth in the Second Superseding Indictment. The Government began its case in chief and presented sixty-five witnesses and evidence for parts of twenty-seven trial days. Many trial days began at 8:30 a.m. and did not finish until after 5:30 p.m. The Court does not mean to attribute the length of the trial to solely to the length of the Government’s examination of witnesses; to the contrary, many witnesses endured exceptionally lengthy cross-examination by counsel for the defendants. As the June 6, 2006 primary election approached, the Court became concerned about the escalating media attention given to the case and about certain political advertisements Siegelman’s campaign ran which attacked the motivations of the Government for bringing the criminal charges against him and alleged political bias. Consequently, on June 2, 2006, the Court gave the jury a special supplemental instruction to the jury noting that the case had attracted media attention including reporting in newspapers, on the radio, on the television, and on the internet. The Court admonished the jury that anything that they heard outside of the courtroom about the case or the charges in the case was not evidence and was not equivalent to testimony given under oath and subject to cross-examination. The Court further warned the jurors that such outside information might be inaccurate or might emphasize unimportant points. The Court instructed the jury that it must make its decision in the case only and exclusively on the basis of testimony and other evidence presented in the courtroom during the trial and that the jury must not be influenced in any way by other information. Finally, the Court told the jury to immediately communicate with the Court if any of its members became concerned that something seen or heard outside of the courtroom may have in any way compromised the ability of the juror to serve as a fair and impartial juror in the case. In addition to this special instruction on June 2, 2006, the Court instructed the members of the jury several times a day on each and every day of the trial not to discuss the facts of the case and not to allow anyone to discuss the facts of the case with them. Certainly these broad prohibitions were sufficiently clear for the members of the jury to know that they should not discuss the case by any means, including email, telephone, or text message. Additionally, the Court instructed the jurors at the close of every day of trial to avoid any discussions regarding the case and any contact with any information about the case, especially from news reports. On Thursday, June 8, 2006, the Government rested its case in chief after presenting evidence and witnesses over twenty-seven trial days. The Court heard argument from each defendant on motions for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 on June 8, 2006 and June 9, 2006. As part of his Rule 29 motion, Siegelman argued, inter alia, that Counts 3 and 4 were multiplicitous and urged the Court to require the Government to elect between them. Prior to trial, the Court had addressed the issue of whether Counts 3 and 4 were multiplicitous in conjunction with its ruling on motions to dismiss filed by Scrushy and Siegelman. In an Order dated March 22, 2006 (Doc. # 254), the Court ruled that as drafted Counts 3 and 4 were multiplicitous and that rather than dismissing the indictment, it would instead require the Government to elect, at an appropriate time prior to submission of the case to the jury, on which counts it would proceed before sending the case to the jury. On June 12, 2006, the Government filed a motion to reconsider that ruling (Doc. # 422). On June 13, 2006, the Court denied the Government’s motion to reconsider and made it clear that either under its March 22, 2006 ruling or based on a ruling partially granting Defendants’ Rule 29 motions, it was requiring the Government to elect how to redact the Second Superseding Indictment to address the multiplicity in Counts 3 and 4. At that time, the Government announced its intention to redact the Second Superseding Indictment by removing Scrushy’s name from Count 3 and Siegel-man’s name from Count 4. From June 9, 2006 to June 12, 2006, each of the defendants had the opportunity to present witnesses and evidence in their defense. All defendants had rested their cases by Monday, June 12, 2006. The Government rested without calling rebuttal witnesses on June 12, 2006. On June 14, 2006, closing arguments began. Closing arguments were completed by late morning on June 15, 2006. Jury Deliberations Around midday on June 15, 2006, the jury, having heard closing argument and the Court’s instructions, began their deliberations by selecting Juror # 7 to serve as its foreman. At the start of their deliberations, the jury was provided with the exhibits admitted in evidence. Each juror also received a written copy of the jury instructions which the Court had read at the conclusion of the trial. The foreperson also received a copy of a redacted version of the Second Superseding Indictment. Shortly after the jury returned to deliberate on the morning of June 16, 2006, the Court received a request from the jury for eleven additional copies of the redacted version of the Second Superseding Indictment. The requested copies were made and provided to the jury. Verdicts The jury deliberated for a total of nine days. On the afternoon of June 29, 2006, the jury returned unanimous verdicts. The jury found Defendants Hamrick and Roberts not guilty on all counts. The jury found Scrushy guilty on Counts Four, Five, Six, Seven, Eight, and Nine. The jury found Siegelman guilty on Counts Three, Five, Six, Seven, Eight, Nine, and Seventeen. The jury found Siegelman not guilty on Counts One, Two, Ten, Eleven, Twelve, Thirteen, Fourteen, Sixteen, Eighteen, Nineteen, Twenty, Twenty-One, Twenty-Two, Twenty-Three, Twenty-Four, Twenty-Five, Twenty-Six, Twenty-Seven, Twenty-Eight, Twenty-Nine, Thirty, Thirty-One, Thirty-Two, Thirty-Three, and Thirty-Four. Post-Trial Motions Both Siegelman and Scrushy made oral motions for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29(a) before the case was submitted to the jury. Scrushy also had made a written motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29(a) before the case was submitted to the jury. See Doc. # 413. Pursuant to Federal Rule of Criminal Procedure 29(b), the Court reserved decision on the motions. On June 30, 2006, this Court entered a written Order (Doc. #443) setting deadlines for final written submissions relating to motions for judgment of acquittal. Additionally, this Order set a September 29, 2006 deadline for the filing of all motions for new trial pursuant to Federal Rule of Criminal Procedure 33(a). After the jury’s verdicts, both Siegelman and Scrushy filed written motions for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29(c). See Doc. # 453, Doc. # 454, & Doc. #455. On October 2, 2006, this Court entered a Memorandum Opinion and Order (Doc. # 468) denying all pending motions for judgment of acquittal. In so doing, this Court specifically held that substantial evidence supported the convictions of Siegelman and Scrushy. (Doc. # 468 at 7). On September 25, 2006, Siegelman and Scrushy jointly filed Defendants Don Eugene Siegelman’s and Richard M. Scrushy’s Motion for New Trial Pursuant to Rule 33(a) of the Federal Rules of Criminal Procedure (Doc. # 462). Due to problems with how the motion was filed, it was stricken and Siegelman and Scrushy were granted leave to refile their joint motion. On September 29, 2006, Siegel-man and Scrushy jointly filed Defendants Don Eugene Siegelman’s and Richard M. Scrushy’s Motion for New Trial Pursuant to Rule 33(a) of the Federal Rules of Criminal Procedure (Doc. # 467). The joint motion was initially supported by fourteen exhibits and thirty-three pages of argument. The joint motion sought a new trial on the basis of the exhibits and argument. In the alternative, the joint motion sought a broadening of the factual record by further investigation into juror misconduct which Siegelman and Scrushy contended had occurred and another opportunity based on the expanded factual record to argue that a new trial was warranted. As grounds for the relief requested in the joint motion, Siegelman and Scrushy pointed to the Sixth Amendment guarantee to every criminal defendant the constitutional right to a fair trial before an impartial jury. Siegelman and Scrushy argued that they were denied their right to a fair trial for three reasons: (1) because the jury was exposed to extraneous information, (2) because the jury engaged in premature deliberations, and (3) because the jurors engaged in misconduct by deliberating with fewer than all of the members of the jury present and by considering the severity of the penalties on the basis of what Defendants contend must have been exposure to extrinsic evidence regarding the applicable penalties. Finally, on the basis of certain post-trial news reports, Defendants raised a concern about the completeness of the record relating to possible ex parte contact between the Court and a juror and noted that, in certain circumstances, improper ex parte contact between the Court and a juror can require a new trial. Defendants’ argument that the jury had been exposed to extraneous information was predicated on several evidentiary submissions. First, Defendants pointed to a post-trial newspaper interview given by Juror # 7, the foreman of the jury, in which he was quoted as having stated that he had conducted internet research using Google into what a foreman was supposed to do. See Doc. # 467-2. Second, Defendants pointed to a post-trial television interview given by Juror # 40, in which she stated that she saw one internet article or headline about the case. See Doc. # 462-7 at p. 24. Third, Defendants relied on two documents purporting to be copies of affidavits from Juror # 5. See Doc. # 467-11 & Doc. #467-12. Finally, Defendants relied on a document which they contend was sent to them anonymously and which may be a copy of a June 25, 2006 email communication between Juror #40 and someone who may be one of the other jurors in the case. This document states “penalty 2 severe ... still unclear on a couple of counts against pastor & gov.” See Doc. # 462-15. Defendants’ contentions that the jury had engaged in misconduct by improperly engaging in premature deliberations, improperly engaging in deliberations with fewer than all jurors present, and improperly considering the penalty defendants might face if convicted were based solely on documents they received in the mail from an anonymous source. These documents purport to be copies of email messages between jurors. The first purports to be a May 29, 2006 email from Juror # 40 to Juror # 7 indicating that Juror # 40 needed “to talk.” See Doc. # 462-13. The second purports to be another May 29, 2006 email from Juror # 40 to Juror # 7 that says “I agree some of the kounts r confusing 2 our friends. Chek text.30/38 still off trac, [juror’s first name]” See Doc. #462-14. The third purports to be a June 25, 2006 email from an email address that does not indicate the sender’s real name to Juror # 40 that says “penalty 2 severe ... still unclear on a couple of counts against pastor & gov.” See Doc. # 462-15. The fourth purports to be an email from Juror # 40 to the sender of the document included in the record as Doc. # 462-15 that states “stay focused ... remember what judge said ... have plans for 4th ... right? [Juror # 40’s first name]” See Doc. #462-16. Finally, the fifth purports to be a June 25, 2006 email from Juror # 40 to another email address from which it is not possible to ascertain the name of the recipient that states “proud of u ... other 6 kounts most important ... e.u.n. am [Juror # 40’s first name]” See Doc. # 473-1. On October 13, 2006, the Government filed its response to the joint motion. The Government argued that the Court should deny all relief requested in the joint motion. The Government cast doubt on the reliability of Defendants’ evidence. The Government argued that Federal Rule of Evidence 606(b) precluded inquiry into the jury’s deliberations and mental processes. The Government characterized much of Defendants’ evidence as speculative, unreliable, and unauthenticated. Additionally, the Government called into question whether the documents purporting to be affidavits of Juror # 5 had been obtained in violation of Rule 47.1 of the Local Rules for the United States District Court for the Middle District of Alabama for Civil and Criminal Cases, which prohibits post-verdict interrogation of jurors and which provides that: [attorneys, parties, or anyone acting for them or on their behalf shall not, without filing a formal motion therefor with the court and securing the court’s permission, interrogate jurors in civil or criminal cases, either in person or in writing, in an attempt t.o determine the basis for any verdict rendered or to secure other information concerning the deliberations of the jury or any members thereof. The court itself may conduct such interrogation in lieu of granting permission to the movant. Finally, the Government argued in general terms that there was no reasonable possibility of prejudice arising from any juror’s alleged contact with extrinsic or extraneous information. Rather than filing a joint reply, Scrushy and Siegelman each filed a lengthy reply brief. Post-Trial Proceedings Relating To Issues Raised By The Joint Motions For New Trial As previously noted, in support of the joint motion for new trial, Defendants had provided to the Court four documents which purported to be affidavits from Juror # 5, Juror # 5’s wife, and the pastor for Juror # 5’s wife. The Court was only provided with copies of faxed documents purporting to be affidavits from these persons and a rather cryptic and incomplete explanation of how the documents came to be in the possession of the attorneys for the Defendants. The Court scheduled an evidentiary hearing to inquire into the origins and authenticity of the documents and to investigate whether any attorney or any other person acting on behalf of either Siegelman or Scrushy had violated Rule 47.1 of the Local Rules of the United States District Court for the Middle District of Alabama for Civil and Criminal Cases. At the evidentiary hearing, the Court heard testimony from two notaries: Donna Armstrong, who had signed the August 9, 2006 documents purporting to be affidavits of Juror # 5, his wife, and her pastor; and Diana Flentory, who had signed the September 1, 2006 document purporting to be the second affidavit of Juror # 5. The Court also heard testimony from Juror # 5, his wife, and her pastor. Finally, the Court heard testimony from a Birmingham pastor named Charles Winston and his attorney wife Debra Bennett Winston. The credible testimony at the hearing made it quite plain that Charles Winston authored the documents dated August 9, 2006 and that those documents were not sworn to or signed in the presence of a notary. The credible testimony at the hearing also made it quite plain that the document purporting to be an affidavit from Juror # 5 dated August 9, 2006 (Doc. # 467-11) was not in Juror # 5’s own words, but rather the characterizations of events described in the documents are in Charles Winston’s words. Juror # 5 and Charles Winston had a conversation. Charles Winston then created the document and read it to Juror # 5. Juror # 5, who does not read that well, questioned Charles Winston about the document’s content, but Charles Winston told Juror # 5 that what he had written meant basically the same thing as what Juror # 5 had said. When asked about the veracity of the content of the first document, Juror # 5 said that it wasn’t his words, but it was “kind of’ in sync with what was going on. With respect to the September 1, 2006 affidavit (Doc. # 467-12), the credible testimony presented at the October 31, 2006 evidentiary hearing indicated that the answers attributed to Juror # 5 were in his own words and that the affidavit was properly notarized. However, the credible testimony at the evidentiary hearing held on October 31, 2006 raised serious concerns in this Court’s mind about whether the September 1, 2006 affidavit of Juror # 5 was obtained in violation of Local Rule 47.1 of the Local Rules for the United States District Court for the Middle District of Alabama for Civil and Criminal Cases. It is clear that both Charles Winston and Debra Bennett Winston had connections to Richard M. Scrushy prior to August of 2006. It is clear that after Charles Winston obtained the August 9, 2006 documents from Juror # 5, Juror # 5’s wife and her pastor, Charles Winston presented the documents to his wife, Debra Bennett Winston. Upon receiving the documents Debra Bennett Winston admits that she attempted to contact counsel for both Sie-gelman and Scrushy; but she did not attempt to provide any information about what she perceived to be problems with the conduct of the jury in the Siegel-man/Scrushy trial with either the Court or the Office of the United States Attorney. Moreover, it is undisputed that Debra Bennett Winston met with counsel for Sie-gelman prior to meeting with Juror # 5 on September 1, 2006, to obtain a different affidavit from him. This Court carefully considered the testimony it heard at the October 31, 2006 evidentiary hearing and the evidence Defendants submitted in support of their joint motion for new trial. On November 6, 2006, this Court entered a Memorandum Opinion and Order in which it found that Siegelman and Scrushy had made the requisite colorable showing of extrinsic influence on the jury sufficient to warrant a further inquiry by the Court into certain aspects of the jury’s conduct during the trial. Accordingly, the Court set another evidentiary hearing for November 17, 2006. Each of the twelve jurors who deliberated to verdict in the case were required to appear at the November 17, 2006 hearing and provide testimony regarding whether the jury had been exposed to extrinsic evidence or influences. The jurors were also required to bring certain documents or things relating to exposure to extrinsic evidence or influences with them to the evidentiary hearing. The Court conducted the questioning of the jurors and had an opportunity to directly assess the credibility and demeanor of each juror as testimony was given under oath. The Court’s questioning of the jurors was intended to ascertain whether anything found in previous cases by either the United States Supreme Court or the Eleventh Circuit Court of Appeals to constitute extraneous information or outside influence warranting a new trial had reached the jury in this case. Prior to questioning the jurors, the Court explained to them the limited scope of the evidentiary hearing, namely to determine whether any extraneous information was brought to the jury’s attention by any person, including by any juror, and to determine whether any outside influence was improperly brought to bear upon any juror. In so doing, the Court explained that extraneous information referred to any information other than the information that the jury received from the Court’s instructions on the law, the factual evidence presented in this case through witness testimony from the witness stand, and factual evidence presented in the case through exhibits properly admitted at trial, and that any information not from one of those three sources constitutes extraneous information. The Court also explained that outside influence referred to attempts to influence a juror’s thoughts about the case or the outcome of the jury’s deliberations by anyone other than another juror during the jury deliberations. All twelve jurors denied any knowledge of any outside influence on any juror. The jurors’ testimony about extraneous information was less than unanimous. At least one of the jurors, Juror # 8, denied any knowledge of any juror having had access to extraneous information. Several other jurors testified that early in deliberations, Juror # 7, the foreman, had looked up the role of a foreman on an internet site. All jurors indicating that Juror # 7 had done so testified that Juror # 7 had made a very brief statement that he had looked up this information and that the matter was not discussed further. Juror # 7 testified under oath that he had accessed this Court’s website and read a sentence regarding the role of the foreman that indicated that the foreperson presides over the jury’s deliberations and must give every juror a fair opportunity to express his or her views. Juror # 7 also testified that he had printed a copy of the Second Superseding Indictment off of this Court’s website after deliberations had begun so that he could read it and think about it at his leisure. Some, but not all of the other jurors were aware that he had done so. Jurors # 7, # 22, and # 40 each testified that they had incidental and inadvertent exposure to portions of media reports about the case during the trial, but each indicated that they did their best to avoid such exposure and that they did not read or watch the media coverage after they realized the nature of the information addressed. Like Juror # 7, Juror # 40 testified that she had printed a copy of the Second Superseding Indictment off of this Court’s website during jury deliberations so that she could read it at her leisure. Some of the other jurors testified that Juror # 40 had admitted going online to get a copy of the indictment. Other jurors testified that Juror #40 had gotten some information from the internet, but they were not sure exactly what it was. Juror # 30 assumed that Juror # 40 was reading media reports about the case on the internet because Juror # 40 had mentioned that the whole trial was on the internet daily. Having heard testimony from all twelve jurors who deliberated to a verdict in this case and considered all evidence properly before it, the Court found that there was credible evidence which established that during deliberations some of the jurors were exposed to the following extrinsic or extraneous evidence: (1) a complete copy of the Second Superseding Indictment obtained from the website of the United States District Court for the Middle District of Alabama and (2) juror information from the website of the United States District Court for the Middle District of Alabama concerning the foreperson’s obligation to preside over the jury’s deliberations and to give every juror a fair opportunity to express his or her views. The Court informed counsel for all parties of this finding and of its intention to apply the rebuttable presumption of prejudice set forth in Remmer v. United States, 347 U.S. 227, 74 S.Ct. 450, 98 L.Ed. 654 (1954) and its progeny. The Court directed the parties to simultaneously submit briefs on the remaining issue in the legal analysis of the appropriateness of granting a new trial, namely, whether the jurors’ consideration of the extrinsic evidence was harmless to the Defendants. SPECIFIC FACTUAL FINDINGS The Court reaches the following specific factual findings after carefully studying the evidentiary record, including all post-trial testimony and exhibits, and after taking into account each juror’s demeanor before the Court during his or her sworn testimony. In some respects the Court’s factual findings in this cause are complicated by inconsistencies in the respective testimony of various jurors or by contradictions between sworn juror testimony and other evidence before this Court. The range of responses to the questions posed by the Court suggests that some jurors may have exaggerated the misconduct of them fellow jurors or assumed misconduct that may not have actually occurred and others may have been either oblivious to actions of other jurors or less than candid in their testimony. In the final analysis, this Court must judge the credibility of each juror and distinguish the believable from the unbelievable. Having done so, the Court makes the following specific factual findings relating to the issues raised by the joint motion for new trial: 1.The Court finds that there is no credible evidence that, prior to the verdict in this case, any juror was subjected to any outside influences such as bribes, threats or other attempts by anyone other than another juror to influence the juror’s thinking about the case or the outcome of the case. 2. Based on the unanimous, sworn denials of the jurors at the November 17, 2006 hearing, the Court finds that there is absolutely no credible evidence that any juror was exposed to any extraneous or extrinsic information about the penalty that might be applicable to any defendant if he was convicted of the charges in this case. The Court further finds that the document (Doc. #467-15), anonymously sent to Defendants, which purports to be an email between two jurors during the trial which says “penalty 2 severe” does not constitute credible information which can in any way cast doubt on the sworn testimony of the jurors before this Court to the effect that they were not exposed to any extraneous or extrinsic information about the penalty that might be applicable to any defendant if he was convicted of the charges in this case. 3. The Court finds that Juror # 7’s sworn testimony at the November 17, 2006 hearing — that he had briefly viewed information on the role of a jury foreperson from this Court’s website — is more credible than the media report in which an unsworn statement attributed to Juror # 7 indicated that he had conducted internet research using Google to find information on the role of the foreperson. Thus, the Court finds that the credible evidence establishes that Juror # 7 was exposed to extrinsic evidence during jury deliberations that indicated that the foreperson presides over the jury’s deliberations and must give every juror a fair opportunity to express his or her views as set forth by the juror information on the Court’s own web site. 4. The Court finds that the credible evidence establishes that Juror # 7 mentioned to the other members of the jury that he had researched the role of a jury foreperson, that this fact was mentioned early in deliberations, most likely on the second day of deliberations, and that total time this matter was discussed by any member of the jury was no more than a few minutes. 5. The Court does not find credible the wholly uncorroborated testimony of Juror # 66 to the effect that Juror # 7 looked up information on the employment of a defendant other than Scrushy or Siegelman (presumably Roberts). 6. Juror # 5’s testimony before this Court is far more credible than any information attributed to him by any of the documents purporting to be affidavits dated August 9, 2006 (Doc. #467-9, Doc. # 467-10, & Doc. # 467-11). 7. While Juror # 5’s testimony before this Court on November 17, 2006 is not necessarily inconsistent with his September 1, 2006 affidavit (Doc. #467-12). To the extent that any variance between the two exists, the Court finds that due to the circumstances under which the affidavit was obtained from him, Juror # 5’s testimony before this Court is far more credible than his September 1, 2006 affidavit. 8. Juror # 30’s testimony regarding Juror # 40 and Juror # 7 having contact with extraneous information is based on assumption and speculation and therefore it is not more credible than the testimony of either Juror # 40 or Juror # 7. 9. Juror # 38 testified that Juror # 7 had been on the internet and one of the television stations had all the proceedings on it and you could go read it does not constitute credible evidence that Juror # 7 or any other juror actually did read any internet media coverage relating to the trial. 10. The Court finds credible the testimony of Juror # 7, Juror # 22, and Juror # 40 regarding their response to inadvertent contact with media coverage relating to the trial. Specifically, the Court finds credible the testimony of Juror # 7 that he may have inadvertently seen news story headlines in the newspaper or on the internet, but that he did not read any articles or intentionally access such content until after the trial. Similarly, the Court finds credible the testimony of Juror # 22 that she may have inadvertently heard parts of television news coverage about the trial, but that she avoided it as best she could by leaving the room, turning off the television sound, or having her husband turn off the television sound. Finally, the Court finds credible the testimony of Juror # 40 that she saw a news headline on a newspaper internet site while she was looking for an unrelated news story, but that she did not read the article. 11. The Court finds that the credible evidence before it establishes that Juror # 40 did obtain an unredacted copy of the Second Superseding Indictment from the Court’s internet website during the jury’s deliberations and that she did read this document outside of the juror room for the purpose of being able to read it at her leisure. The Court further finds that the credible evidence before it establishes that Juror #40 disclosed to the other jurors that she had obtained a copy of the Second Superseding Indictment from the internet and reviewed it. The Court further finds that the total time the jury spent discussing this fact during deliberations did not exceed thirty minutes. 12. The Court finds that the credible evidence before it establishes that Juror # 7 did obtain an unredacted copy of the Second Superseding Indictment from the Court’s internet website during the jury’s deliberations and that he did read this document outside of the juror room for the purpose of being able to think about the document and how to organize the jury’s discussion of the counts in it and the Court’s instructions outside of the setting of the jury deliberation room. The Court further finds that the credible evidence before it establishes that Juror # 7 disclosed to the other jurors that he had obtained a copy of the Second Superseding Indictment from the internet and reviewed it and that he brought the document into the jury deliberation room. The Court further finds that Juror # 7 referred to this document during two days of the jury’s deliberations toward the beginning of the process and then discarded the document. The Court finds credible the testimony of Juror # 7 that his notes and the use of this copy of the indictment was intended to help organize and facilitate the process of deliberations. DISCUSSION A. Juror Exposure to Extraneous Information The Sixth Amendment to the United States Constitution provides that an individual accused of a crime has a right to trial by an impartial jury. Various court decisions addressing the contours of this right have expanded the protections implicit in this guarantee by holding that under our system of justice, the jury is to determine cases on the basis of the evidence developed in the adversary area of the courtroom and the instructions on the law provided by the court. See, e.g., Turner v. Louisiana, 379 U.S. 466, 472-73, 85 S.Ct. 546, 13 L.Ed.2d 424 (1965); Patterson v. Colorado, 205 U.S. 454, 462, 27 S.Ct. 556, 51 L.Ed. 879 (1907); United States v. De La Vega, 913 F.2d 861, 870 (11th Cir. 1990), cert. denied sub nom Carballo v. United States, 500 U.S. 916, 111 S.Ct. 2011, 114 L.Ed.2d 99 (1991); United States v. Howard, 506 F.2d 865, 866 (5th Cir. 1975). However, “[wjhile due process of law mandates that a fair trial be provided to the appellants, there is no constitutional right to a perfect trial.” United States v. Alvarez, 755 F.2d 830, 859 (11th Cir. 1985) (quoting United States v. Ragsdale, 438 F.2d 21 (5th Cir.1971)). Mindful of this oft-quoted aphorism and cognizant that “it is virtually impossible to shield jurors from every contact or influence that might theoretically affect their vote,” we recognize that “[d]ue process means a jury capable and willing to decide the case solely on the evidence before it, and a trial judge ever watchful to prevent prejudicial occurrences when they happen.” Smith v. Phillips, 455 U.S. 209, 217, 102 S.Ct. 940, 71 L.Ed.2d 78 (1982). De La Vega, 913 F.2d at 870. A defendant seeking to attack a jury verdict against him on the ground that his right to an impartial jury has been violated does not have an unfettered ability to assail the verdict on that basis. Local rules limit a defendant’s ability to contact jurors and may prevent a defendant from gathering evidence relating to the jury’s deliberations. Indeed, if a juror’s affidavit submitted in support of a new trial motion was obtained in clear violation of a court order or a local rule against interrogation of jurors, then the court may disregard that affidavit. See, e.g., Tanner v. United States, 483 U.S. 107, 126, 107 S.Ct. 2739, 97 L.Ed.2d 90 (1987); Venske, 296 F.3d at 1291-92. Moreover, for nearly a century, courts have recognized a near-universal and firmly established common-law rule flatly prohibiting the admission of juror testimony to impeach a jury verdict. See Tanner, 483 U.S. at 117, 107 S.Ct. 2739. Courts recognize few exceptions to this common-law rule and allow juror testimony on the jury’s activities only in situations in which an extraneous influence been shown. Id. “In situations that did not fall into this exception for external influence, however, the [Supreme] Court [has] adhered to the common-law rule against admitting juror testimony to impeach a verdict.” Id. On more than one occasion, the Supreme Court has considered and affirmed the wisdom of this approach and in so doing has discussed the numerous and substantial policy considerations supporting this approach. See, e.g., Tanner, 483 U.S. at 117-21, 107 S.Ct. 2739 (collecting cases). Indeed, the Eleventh Circuit and the Supreme Court have repeatedly found that district courts did not abuse their discretion in denying motions for new trial or in rejecting defendants’ demands for the examination of jurors predicated on arguments of a variety of types of juror misconduct not encompassing external influence on the jury. While some might be tempted to criticize these well established limitations on a defendant’s ability to attack a jury verdict, important policy considerations support such limitations. Indeed, it is well-settled that without such limitations our very system of justice would be jeopardized. “[T]he essential feature of a jury obviously lies in the interposition between the accused and his accuser of the commonsense judgment of a group of laymen, and in the community participation and shared responsibility that results from that group’s determination of guilt or innocence.” Williams v. Florida, 399 U.S. 78, 100, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1970). Because our system of justice so prizes the unique and essential feature of our criminal justice system, the role of the jury, it tolerates some of the defects attendant to that system; indeed, it is well-accepted that a lack of perfection inheres in the jury system. See, e.g., United States v. D’Angelo, 598 F.2d 1002, 1004-05 & n. 4 (5th Cir.1979). As the United States Supreme Court has explained: There is little doubt that postverdict investigation into juror misconduct would in some instances lead to the invalidation of verdicts reached after irresponsible or improper juror behavior. It is not at all clear, however, that the jury system could survive such efforts to perfect it. Allegations of juror misconduct, incompetency, or inattentiveness, raised for the first time days, weeks, or months after the verdict, seriously disrupt the finality of the process. Moreover, full and frank discussions in the jury room, jurors’ ivillingness to return an unpopular verdict, and the community’s trust in a system that relies on the decisions oflaypeople would all be undermined by a barrage of postverdict scrutiny of juror conduct. Tanner, 483 U.S. at 120-21, 107 S.Ct. 2739 (internal citations omitted; emphasis added). The United States Supreme Court has repeatedly emphasized the necessity of shielding jury deliberations from public scrutiny. See, e.g., Tanner, 483 U.S. 107, 107 S.Ct. 2739, 97 L.Ed.2d 90; McDonald v. Pless, 238 U.S. 264, 35 S.Ct. 783, 59 L.Ed. 1300 (1915); Mattox v. United States, 146 U.S. 140, 13 S.Ct. 50, 36 L.Ed. 917 (1892). In so doing, the highest court in our land has repeatedly expressed concerns that defendants would launch inquiries into jury conduct in the hope of discovering something that might invalidate the verdicts against them; that jurors would be harassed and beset by the defeated party in an effort to secure from them evidence of facts which would establish misconduct sufficient to set aside the verdict; and that such events would result in the destruction of all frankness and freedom of discussion during jury deliberations. Id. The Eleventh Circuit Court of Appeals has echoed these important policy considerations. See, e.g., Venske, 296 F.3d at 1291-92. The Federal Rules of Evidence buttress the common law rule against the admission of jury testimony to impeach a verdict and the exception for juror testimony relating to extraneous influences. Federal Rule of Evidence 606(b), which addresses the competency of jurors as witnesses, provides: (b) Inquiry into validity of verdict or indictment. Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury’s deliberations or to the effect of anything upon that or any other juror’s mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the jv/ror’s mental processes in connection therewith, except that a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury’s attention or whether any outside influence was improperly brought to bear upon any juror. Nor may a juror’s affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying be received for these purposes. Fed.R.Evid. 606(b) (emphasis added). While Rule 606(b) specifically applies only to juror testimony or juror affidavits, the Eleventh Circuit has held that it applies equally to juror statements reported by the press. See United States v. Sjeklocha, 843 F.2d 485, 488 (11th Cir.1988). Not surprisingly, the Eleventh Circuit enforces the prohibition on using certain types of evidence to attack the impartiality of a jury’s verdict set forth in the common law and Rule 606(b). As one panel put it, “[p]ost-verdict inquiries into the existence of impermissible extraneous influences on a jury’s deliberations are allowed under appropriate circumstances, but inquiries that seek to probe mental processes of jurors are impermissible.” United States v. Ayarza-Garcia, 819 F.2d 1043, 1051 (11th Cir.), cert. denied, 484 U.S. 969, 108 S.Ct. 465, 98 L.Ed.2d 404 (1987) (citations omitted). Indeed, courts faced with affidavits from jurors containing information about the jury’s deliberative processes along with information about possible impermissible extraneous influences are to disregard the portions of the affidavits dealing with forbidden testimony under Federal Rule of Evidence 606(b) and must only have a hearing on possible extraneous influences on the jury’s deliberations if the remaining content warrants one. See, e.g., Venske, 296 F.3d at 1290. In this case, Siegelman and Scrushy predicated their joint motion for a new trial on arguments that their right to trial by an impartial jury had been violated and they sought further factual inquiry into certain issues relating to that argument. The Court had little difficulty concluding that the evidentiary records submitted with the joint motion for new trial was insufficient as a matter of law to require a new trial. The more difficult question posed by Defendants’ joint motion was whether the evidentiary record warranted further factual inquiry and interrogation of the jurors. While initially evaluating the joint new trial motion, the Court was mindful that it had broad discretion as to how to proceed when confronted with an allegation of jury misconduct, including discretion with regard to the initial decision as to whether to interrogate jurors. Cases dealing with the degree of investigation required fall along a continuum focusing on two factors: the certainty that some impropriety has occurred and the seriousness of the accusation. The more speculative or unsubstantiated the allegation of misconduct, the less burden there is to investigate; the more serious the potential jury contamination, especially where alleged extrinsic influence is involved, the heavier the burden to investigate. Ayarza-Garcia, 819 F.2d at 1051 (internal citations omitted). The Court began its analysis with the presumption that the jury had been impartial and unbiased. See, e.g., United States v. Winkle, 587 F.2d 705, 714 (5th Cir.), cert. denied, 444 U.S. 827, 100 S.Ct. 51, 62 L.Ed.2d 34 (1979) (When confronted with a motion for new trial predicated on an argument that a defendant’s right to an impartial jury has been violated, a court must start with the presumption that the jury has been impartial and unbiased.); United States v. Robbins, 500 F.2d 650, 653 (5th Cir.1974) (same). Given that presumption, Siegelman and Scrushy bore the burden of establishing that extrinsic matters have been considered by the jury during its deliberations. United States v. Winkle, 587 F.2d 705, 714 (5th Cir.), cert. denied, 444 U.S. 827, 100 S.Ct. 51, 62 L.Ed.2d 34 (1979). It is only when the defendant has made a colorable showing of extrinsic influence that the court must investigate the asserted impropriety. Id. Ayarza-Garcia, 819 F.2d at 1051. Accord, United States v. Barshov, 733 F.2d 842, 851 (11th Cir.1984), cert. denied, 469 U.S. 1158, 105 S.Ct. 904, 83 L.Ed.2d 919 (1985). Under the relevant legal precedents, the Court found that most of the evidence on which Siegelman and Scrushy relied in their joint motion failed to help them satisfy their burden or failed to satisfy this Court that it must investigate various aspects of alleged juror misconduct. Much of the evidence on which Siegelman and Scrushy based their joint motion did not relate in any way to extraneous influences on the jury. Some of the evidence on which Siegelman and Scrushy relied was speculative and unsubstantiated. Clearly, some of the evidence on which Siegelman and Scrushy relied was improper under the aforementioned common-law rule and Federal Rule of Evidence 606(b). The strongest evidence that there may have possibly been extraneous influences on the jury warranting further investigation was contained in portions of the two “affidavits” of Juror # 5. Because this Court had questions and concerns about the origins of these “affidavits,” it held an evidentiary hearing on the circumstances surrounding possible post-trial contact with jurors on October 31, 2006. The Court cannot say that this hearing assuaged all of its concerns about whether the “affidavits” of Juror # 5 were obtained through a violation of Local Rule 47.1 of the Local Rules for the United States District Court for the Middle District of Alabama for Civil and Criminal Cases. Indeed, the Court cannot even say that it found the relevant testimony on this issue to be at all credible. Nevertheless, there was insufficient evidence before this Court on which to base a ruling that the August 9, 2006 “affidavit” of Juror # 5 was obtained in violation of Local Rule 47.1. Given the content of the August 9, 2006 affidavit and the testimony of Juror # 5 regarding that document, the Court found that Siegelman and Scrushy had made col-orable showing of extrinsic influence on the jury sufficient to warrant a further inquiry by the Court into certain aspects of the jury’s conduct during the trial. For that reason, the Court conducted the November 17, 2006 evidentiary hearing at which all twelve jurors were called upon to answer the Court’s detailed questions about possible exposure to extraneous information or outside influence. Having heard testimony from all twelve jurors who deliberated to a verdict in this case, the Court has found that th