New Trial in Case Where Judge Had Sexting Relationship With One of the Prosecutors
From Judge Marco Hernandez’s Opinion in U.S. v. Hernandez-Zamora (D. Alaska), filed Sept. 27 but just unsealed yesterday:
On May 19, 2021, Defendant Rolando Hernandez-Zamora was indicted on one count of cyberstalking in violation of 18 U.S.C. §§ 2261A(2)(A), (B), and 2261(b)(6).
On June 1, 2021, the matter was assigned to United States District Court Judge Joshua Kindred.
On November 19, 2021, Defendant was charged in a superseding indictment with one count of cyberstalking in violation of a protective order violating 18 U.S.C. §§ 2261A(2)(A), (B), and 2261(b)(6).
In December 2021 Judge Kindred began texting frequently with a senior [Assistant U.S. Attorney] (“AUSA 1”), sending her “selfies,” and telling her that he found her attractive. Judge Kindred also began asking AUSA 1 to send him nude photographs of herself. AUSA 1 agreed to share nude photographs of herself with Judge Kindred via the encrypted messaging app Signal, and “he agreed to delete everything.” AUSA 1 then began sending Judge Kindred nude photographs. AUSA 1 also sent Judge Kindred text messages “describing how [she] would perform oral sex on him.” Judge Kindred would “frequently” send AUSA 1 texts “detailing … his fantasies of performing oral sex and anilingus on [her].”
In late 2022, the Ninth Circuit began investigating Judge Kindred for various sexual-harassment-related offenses (which apparently go far beyond the details in this case). He and AUSA 1 denied any such offenses, and also any personal relationship with AUSA 1. Eventually, though, the truth came out, and Judge Kindred resigned; but just 9 days before Judge Kindred submitted his resignation on July 3, 2024,
On June 24, 2024, Defendant’s case proceeded to trial…. On June 28, 2024, the jury found Defendant guilty of cyberstalking
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