Defendant’s Motion on Extraneous Publicity — United States v. Tran (Dkt. 70, D. Mass.)

Summary

A motion filed August 9, 2024 by defendant Dean Tran in United States v. Dean Tran, Docket No. 23-cr-10299, in the U.S. District Court for the District of Massachusetts (Document 70), asking the Court to instruct the jury on extraneous publicity. The motion argues that Tran, a public figure, has drawn extensive publicity accusing Tran of crimes, some of it stemming from state criminal proceedings and some from political opponents, and that every significant turn of the cases has received breathless coverage from the Boston and Worcester press. It asks for a more extensive voir dire of the jury pool about exposure to Tran, that exposure to the negative press articles be considered cause to excuse a juror, and a particularly strident instruction about press coverage. It is signed by Michael Walsh of Walsh & Walsh LLP.

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Case 1:23-cr-10299-FDS Document 70 Filed 08/09/24 Page 1 of 2




                                    United States of America
                                    District of Massachusetts
Suffolk, ss.

United States                       )
                                    )
v.                                  )                Docket No. 23-cr-10299
                                    )
Dean Tran                           )
____________________________________)

                                     Defendant’s Motion
                                   On Extraneous Publicity
       Now comes the Defendant, Dean Tran, who moves this Honorable Court to instruct the

Jury Upon Extraneous Publicity.

       Argument

       In light of the attention garnered by the case, the jury should be instructed on publicity and

the limits of the news media. The Court undoubtedly routinely gives instructions about not being

prejudiced by media reports. However regarding Mr. Tran, there has been extensive publicity

accusing him of crimes and nefarious acts. Some of this stems from the state criminal proceedings

he still faces. Yet other stem from his political opponents, like Ms. Vacca-Martin, a local

Democratic City Committee Chair, who has publicly decried him as a felon on live public

television. Every significant turn of Mr. Tran’s cases, since he is a public figure, has received

breathless coverage from the Boston and Worcester press. Some this this press has been caused

by the Government in this case, and the subsequent federal case.

       Wherefore the Defendant requests:

           1. A more extensive voir dire of the potential jury pool regarding their exposure to Mr.

                Tran.

           2. That exposure to the negative press articles be considered cause to excuse a juror.

           3. That the Court give a particularly strident instruction about avoid press news.

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         Case 1:23-cr-10299-FDS Document 70 Filed 08/09/24 Page 2 of 2




       Conclusion

       Wherefore the Defendant’s Motion should be Granted.

                                                   Respectfully Submitted,

                                                   Dean Tran
                                                   By His Attorney
                                                   /S/ Michael Walsh
                                                   Michael Walsh
                                                   BBO 681001
                                                   Walsh & Walsh LLP
                                                   PO Box 9
                                                   Lynnfield, MA 01940
                                                   617-257-5496
                                                   Walsh.lynnfield@gmail.com

Certificate of Service
I, Michael Walsh, hereby certify that a copy of this motion has been served on all participating
ECF/CM filers on this 9th day of August 2024.
/S/ Michael Walsh




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