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Extracted Text (OCR)
Case 22-1426, Document 58,_02/28/2023, 3475901, Page40 of 221
A-240
Case 1:20-cr-00330-AJN Document 610 Filed 02/24/22 Page 2of3
Accordingly, for the reasons fully explained in the Opinion & Order, a hearing is
necessary to resolve the Defendant’s motion. Because of the important interest in the finality of
judgments, the standard for obtaining a post-verdict hearing is high. The Court concludes, and
the Government concedes, that the demanding standard for holding a post-verdict evidentiary
hearing is met as to whether Juror 50 failed to respond truthfully during the jury selection
process to whether he was a victim of sexual abuse. Following trial, Juror 50 made several
direct, unambiguous statements to multiple media outlets about his own experience that do not
pertain to jury deliberations and that cast doubt on the accuracy of his responses during jury
selection. Juror 50’s post-trial statements are “clear, strong, substantial and incontrovertible
evidence that a specific, nonspeculative impropriety”—namely, a false statement during jury
selection—has occurred. United States v. Baker, 899 F.3d 123, 130 (2d Cir. 2018). To be clear,
the potential impropriety is not that someone with a history of sexual abuse may have served on
the jury. Rather, it is the potential failure to respond truthfully to questions during the jury
selection process that asked for that material information so that any potential bias could be
explored.
In contrast, the demanding standard for ordering an evidentiary hearing is not met as to
the conduct of any other juror. The Court DENIES the request to conduct a hearing with respect
to the other jurors. The Court also DENIES the Defendant’s request for a broader hearing and
pre-hearing discovery.
The Court therefore ORDERS that a hearing take place at which the Court will question
Juror 50 under oath. The Court further ORDERS that Juror 50’s questionnaire be unsealed, for
the reasons explained in the Opinion & Order. The Court will email counsel for Juror 50 a copy
of his questionnaire and a copy of this Order. As also explained in the Opinion & Order, the
DOJ-OGR- 00020866
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00020866.jpg |
| File Size | 629.8 KB |
| OCR Confidence | 94.6% |
| Has Readable Text | Yes |
| Text Length | 2,141 characters |
| Indexed | 2026-02-03 20:04:19.673846 |