Filed May 30, 2008
Finally, the joinder of defendants asserting mutually exclusive defendants produces fringe benefits for the prosecution in that the defendant must “not only contend with the effects of the government’s case against him, but he must also confront the negative effects of the codefendant’s case.” Id. Fundamentally, then, the Court must determine whether denying severance will thwart the underlying purpose of Rule 14 to protect a defendant from assault by two prosecutors – the government and his codefendant.