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Case 1:20-cr-00330-PAE Document 648 Filed 03/15/22 Page 8of16 “crime” did not prompt Juror 50 to disclose his experience of childhood sexual abuse, which was not criminally prosecuted, on his questionnaire. Lay persons often may not think of themselves as victims of a crime even where lawyers and judges would. See, e.g., Fell, 2014 WL 3697810, at *6-7, *13 (crediting juror’s explanation that she did not disclose past sexual abuse in response to question about whether she had been a victim of a crime because she did not consider the abuse, for which the abuser was never prosecuted, a crime). Juror 50 plainly stated that he “[a]bsolutely [did] not” “[iJn any way . . . intentionally provide an inaccurate answer” to Question 25; that he did not answer no to Question 25 to “make it more likely that [he] would be selected for the jury”; and that he did not try to tailor his answers about his history of sexual abuse to “make it more likely that [he] would be selected for the jury.” (Mar. 8, 2022 Tr. at 17:1-10). The same is true regarding Question 49. After Juror 50 explained that he had been abused by a stepbrother “who is no longer a part of the family” (id. at 8:14-15, 9:3-8), the Court directed Juror 50’s attention to Question 49, which asked whether he, a friend, or family member had ever been accused of sexual harassment, sexual abuse, or sexual assault. Juror 50 initially stated that his negative answer to that question was accurate. The Court asked why Juror 50’s sexual abuse by a family member did not count, and Juror 50 responded “[b]ecause I don’t consider them part of my family. I never considered them part of my family even when they lived with us for a few years.” (Cd. at 11:12-20). Only after the Court pressed Juror 50 and asked him several pointed questions about Question 49, did Juror 50 realize that he should have answered yes to that question “Tb]ecause by law, by marriage, that person was [his] stepbrother.” (/d. at 13:5-6). Juror 50’s testimony about Question 49 illustrates the point that a lay juror filling out a questionnaire cannot be held to the standard of a trained lawyer conducting a close examination of a document. See McDonough, 464 U.S. at 555; Dyer, 151 F.3d at 973. Juror 50’s answer to DOJ-OGR- 00010298