Excerpt from Judge Marco Hernandez’s Opinion in U.S. v. Hernandez-Zamora (D. Alaska), which was filed on September 27 but only unsealed yesterday:
On May 19, 2021, Defendant Rolando Hernandez-Zamora was indicted on one count of cyberstalking in violation of specific U.S. statutes.
On June 1, 2021, the case was assigned to United States District Court Judge Joshua Kindred.
On November 19, 2021, Defendant was charged in a superseding indictment related to cyberstalking.
In December 2021, Judge Kindred engaged in inappropriate behavior with a senior Assistant U.S. Attorney, leading to his resignation. This behavior was revealed during an investigation by the Ninth Circuit.
Subsequently, Defendant’s trial took place in June 2024, resulting in a guilty verdict for cyberstalking. Following Judge Kindred’s recusal, it was discovered that his relationship with the Assistant U.S. Attorney could have compromised the trial’s fairness.
Despite the Assistant U.S. Attorney not directly participating in the case, her presence and interactions with Judge Kindred raised concerns about his impartiality. This led to the conclusion that a new trial was necessary to uphold justice and public confidence in the judicial process.
While the charges against Defendant were not dismissed with prejudice, a new trial was deemed essential to address the potential bias resulting from Judge Kindred’s actions.
The Court has determined that the Defendant has not proven that there is no alternative remedy available other than dismissing the case with prejudice. Alexis Howell from Carlson Law Group, LLC is representing the defendant in this matter.
Source link
