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be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 775 LCSCMAXT until 6:00, but if this schedul Filed 08/10/22 Page 11 of 16 3157 presents a substantial hardship for anyone, they'll let my deputy know. As I said this morning, because we are seeing an astronomical spike in the number of conclude this is necessary COVID-positive cases in New York City due to the highly contagious omicron variant. We are, very simply, at a vastly different place regarding the pandemic than we were only a week ago. We now face a high and daily escal and/or necessary trial participants woul lating risk that jurors ld need to quarantine, thus disrupting trial and putting at risk our ability to complete this trial. Put simply, conclude that proceeding this way is the best chance to both give the jury as much time as they need and to avoid a mistrial as a result of the omicron variant. So that is what intend to do, and I'll tell you precisely what I intend to say. I'll hear from you. MR. PAGLIUCA: Your Honor, our only issue would be telling them to deliberate through the weekend and New Year's. don't think we should go back on that commitment entirely. I don't think it's unreasonable to hav them deliberate through the remainder of the week, but given the told them initially that they would have fact that the Court those days off, do think that it is appropriate that they deliberate through the workweek and then ha Vv the weekend of That's my position, your Honor. if they so choose. SOUTHERN D STRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017344