context: Defendants' argument that they will be unduly prejudiced because of the extensive alleged culpability of some of their co-Defendants, in comparison to the asserted lesser degree of their asserted individual involvements in the alleged conspiracy, does not require granting said Defendants a separate trial because the court must also consider, based on the nature of the expected evidence, the jury's ability to weigh the evidence against the individual co-Defendants at a joint trial. In particular, in addition to the various levels of culpability of the co-defendants, the court must consider the jury's ability to weigh the evidence against each co-defendant separately and equitably.
citation_a.signal: see also
citation_a.identifier: 851 F.2d 547, 556
citation_a.parenthetical: severance was denied where evidence regarding each defendant "was adequately straightforward that the jury could consider it without any significant spillover effect."
citation_a.sentence: United States v. Kahaner, 203 F.Supp. 78, 81-82 (S.D.N.Y.1962) (if jury can “collate and appraise independent evidence against each defendant solely upon the defendant’s own acts” and render a fair verdict as to each defendant, severance is unnecessary), aff'd, 317 F.2d 459 (2d Cir.), cert. denied, 375 U.S. 836, 84 S.Ct. 73, 74, 11 L.Ed.2d 65 (1963); see also United States v. Perez, 940 F.Supp. 540, 546 (S.D.N.Y.1996) (citing United States v. Chang An-Lo, 851 F.2d 547, 556 (2d Cir. 1988) (severance was denied where evidence regarding each defendant “was adequately straightforward that the jury could consider it without any significant spillover effect.”)).
citation_b.signal: no signal
citation_b.identifier: 203 F.Supp. 78, 81-82
citation_b.parenthetical: if jury can "collate and appraise independent evidence against each defendant solely upon the defendant's own acts" and render a fair verdict as to each defendant, severance is unnecessary
citation_b.sentence: United States v. Kahaner, 203 F.Supp. 78, 81-82 (S.D.N.Y.1962) (if jury can “collate and appraise independent evidence against each defendant solely upon the defendant’s own acts” and render a fair verdict as to each defendant, severance is unnecessary), aff'd, 317 F.2d 459 (2d Cir.), cert. denied, 375 U.S. 836, 84 S.Ct. 73, 74, 11 L.Ed.2d 65 (1963); see also United States v. Perez, 940 F.Supp. 540, 546 (S.D.N.Y.1996) (citing United States v. Chang An-Lo, 851 F.2d 547, 556 (2d Cir. 1988) (severance was denied where evidence regarding each defendant “was adequately straightforward that the jury could consider it without any significant spillover effect.”)).