DOJ-OGR-00010314.jpg

Case 1:20-cr-00330-PAE Document 649 _ Filed 03/15/22 Page 8of12 LAW OFFICES OF BOBBI C. STERNHEIA\ sample of which are provided below, provide further evidence of his bias. See Skaggs, 164 F.3d at 517 (dishonest answers are a factor that can contribute to a finding of implied bias). First, Juror 50’s explanation that he answered Question 48 falsely because he was distracted and felt rushed and did not see the word “you” and the answer “Yes (self)” are not credible. (Tr. 12-15, 21). Juror 50 estimated that he had about an hour to complete the questionnaire (Tr. 21), more than ample time to review it and answer the questions carefully. Moreover, by the time Juror 50 reached Question 48, he had answered fifty-two questions that contained the word “you.” (See Court Exhibit 1, Questions 1-3, 5-32, 33a-f, 34, 34a, 35-47). Juror 50 testified that he was still focused when he answered the first several questions in the questionnaire and was only rushed when he got to the end. (Tr. 19). Hence, even accepting Juror 50’s own testimony, he would have seen that almost all of the questions in the early part of the questionnaire contained the word “you” and asked about the juror himself. Furthermore, Juror 50 told the press that while he did not recall a question about his own sexual abuse, he did recall one about the abuse of friends and family members. Prior to answering Question 48, Juror 50 had answered sixteen questions that referenced “family” or “relative” and “close friend.” (See Court Exhibit 1, Questions 20- 28, 33a-f, 45). Every question Juror 50 answered containing “family” or “relative” and “close friend” also contained the word “vou.” It is simply not plausible to believe that Juror 50 failed to see the word “you” in Question 48 but did somehow recall all of the other words including “friends” and “family.” Second, in explaining why he answered “‘no” to Question 25—that he was not the victim of a crime, despite his sexual abuse—Juror 50 stated that as part of his “healing process” he did not consider himself as a victim of sexual abuse. (Tr. 10) (“I wasn’t thinking of my sexual abuse as being a victim of a crime because I no longer associate being a victim. It’s part of my healing DOJ-OGR-00010314