Read the following excerpt from a US court opinion:
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” United States v. Woolfolk, 197 F.3d 900, 905 (7th Cir.1999), quoting United States v. Kamel, 965 F.2d 484, 490 (7th Cir.1992). The United States Court of Appeals for the Seventh Circuit has explained: To receive a new trial based on newly discovered evidence, the defendant must demonstrate that the evidence (1) came to their knowledge only after trial; (2) could not have been discovered sooner had due diligence been exercised; (3) is material and not merely impeaching or cumulative; and (4) would probably lead to an acquittal in the event of a retrial. Woolfolk, 197 F.3d at 905. However, when the basis for a new trial is newly discovered evidence that the trial judge has had improper contact with a juror or jurors, the test is somewhat different because “[a]ny ex 321 (4th Cir.1995). The moving defendant must meet this burden by
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the moving party for summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact for trial
B. holding that the defendant bears the initial burden of demonstrating that the improper juror contact occurred and only if the contact is established must the government demonstrate absence of prejudice
C. holding that the defendant bears the burden of demonstrating that the action should be transferred
D. holding that an appellant bears the burden of demonstrating error on appeal
E. holding that the defendant bears the burden of proving outside contact with the jury
Reply with [A, B, C, D, E] only.