Eastern District Judge Jack B. Weinstein’s second attempt to order a new trial for a man convicted of possession and receipt of child pornography has been rebuffed by the U.S. Court of Appeals for the Second Circuit.
In the latest reversal of Judge Weinstein in the case of Pietro Polouizzi, the Second Circuit in a summary order said the judge had no right to order a new trial, in particular because the evidence on retrial anticipated by the judge would have been “essentially the same” as at the first trial.
