No. 25-969

Anthony Zottola, Sr. v. United States

Lower Court: Second Circuit
Docketed: 2026-02-18
Status: Denied
Type: Paid
Response Waived
Tags: anonymous-jury declaration-against-penal-interest fair-trial-rights hearsay-exception presumption-of-innocence right-to-present-defense
Latest Conference: 2026-03-20
Related Cases: 25-6812 (Vide)
Question Presented (from Petition)

1. Whether a defendant's right to present a defense is violated when he is precluded from offering a declarant's out-of-court, self-inculpatory narrative that tends to demonstrate third-party culpability where the circumstances clearly indicate the statement's trustworthiness; whether the statement offered by Petitioner was admissible under Fed. R. Evid. 804(b)(3) because it was, in context, a declaration against penal interest?

2. a) Does empaneling an anonymous jury violate the presumption of innocence, the right to a fair and public trial, and the right to an impartial jury, in the absence of grounds for finding that alleged obstructive conduct of the defendant related to tampering with or threatening witnesses, jurors, or other trial participants; b) in determining whether to empanel an anonymous jury in a criminal case, must the court consider alternatives to full anonymity and state its reasons for denying such relief?

Question Presented (AI Summary)

Whether a defendant's right to present a defense is violated when precluded from offering a declarant's out-of-court, self-inculpatory narrative demonstrating third-party culpability, and whether empaneling an anonymous jury without adequate grounds violates the presumption of innocence and right to a fair trial

Docket Entries

2026-03-23
Petition DENIED.
2026-03-04
DISTRIBUTED for Conference of 3/20/2026.
2026-03-02
Waiver of United States of right to respond submitted.
2026-03-02
Waiver of right of respondent United States to respond filed.
2026-02-05
Petition for a writ of certiorari filed. (Response due March 20, 2026)

Attorneys

Anthony Zottola Sr
Theodore S. GreenGreen & Willstatter, Petitioner
United States
D. John SauerSolicitor General, Respondent