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Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document653_ Filed 04/01/22 Page 20 of 40
yes friend or family, or no.” /d. at 15,21. Consistent with his explanation that he skimmed the
questionnaire, he testified that he “did not pick up on” that pattern when filling out the
questionnaire, id. at 15, and read only “the friend or family” and “missed that ‘have you,’ and
then ‘yes self? while reading,” Question 48, id. at 21. And when asked a follow-up question,
Juror 50 said he was not “surprised” at the time, but only surprised “thinking now” that the
questionnaire had asked about the sexual abuse history of friends and family but not about a
juror’s own sexual abuse history. /d. at 21-22. The Court finds that Juror 50’s answers to each
of these lines of questioning were reasonable and credible.
Third, the Defendant argues that, as to Question 49, Juror 50 was inconsistent in first
stating that he was sexually abused by “a family member, who is no longer part of the family,”
but then stating that he “never considered [the stepbrother] part of [his] family even when they
lived with us for a few years.” Maxwell Post-Hearing Br. at 9-10 (quoting Hearing Tr. at 8, 11).
The Court acknowledges the tension between these two statements, but does not agree that
tension suggests Juror 50 deliberately concealed his stepbrother’s abuse. Juror 50’s explanation
of his answer to Question 49 proceeded in three stages. He clarified, first, that on November 4,
he “didn’t even consider . . . at all” whether his stepbrother’s conduct was responsive to Question
49 as he “flew through” the questionnaire. Hearing Tr. at 11-12. At the hearing, he initially
stated that “No” was an accurate answer because, as the Defendant notes, he “never considered”
the stepbrother to be a member of his family. /d. And finally, when asked whether, “[a]s [he]
sit[s] here now,” what his answer to Question 49 would be, Juror 50 said “it would have been
yes” because “by law, by marriage, that person was [his] stepbrother.” /d. at 12—13. In short, it
was only after Juror 50 was made to reflect on the question and its answer that he reached an
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00010343.jpg |
| File Size | 707.6 KB |
| OCR Confidence | 94.0% |
| Has Readable Text | Yes |
| Text Length | 2,135 characters |
| Indexed | 2026-02-03 17:57:46.258369 |