DOJ-OGR-00021543.jpg
Extracted Text (OCR)
Case 22-1426, Document ON 367 3536039, Page113 of 217
Case 1:20-cr-00330-AJN Document 620 Filed 02/25/22 Page 19 of 21
The Court concludes that the Defendant has not made a showing that any pre-hearing
discovery is appropriate, and the request to engage in an intrusive fishing expedition is denied.
C. The Court will release Juror 50’s questionnaire
This Court previously reserved ruling on Juror 50’s request that the Court release his jury
questionnaire to counsel, but that the document otherwise remain under seal to protect his
supposed privacy interest. See Dkt. No. 596 at 5 n.1. The Defendant opposes both the unsealing
and releasing the questionnaire to counsel, arguing that “advance disclosure . . . will
undoubt[edly] color Juror No. 50’s testimony and allow him to place himself in the best possible
posture.” Maxwell Br. at 53. The Government argues that there is no legitimate interest in
limiting Juror 50’s access and opposes maintaining the questionnaire under seal. Gov. Br. at 42;
see also Dkt. No. 594.
The Court will provide Juror 50 a copy of his completed questionnaire. Unlike the
parties’ proposed questions, Juror 50’s access to his completed questionnaire—the answers to
which he wrote—will not undermine the integrity of the inquiry. The Defendant’s concern that
advance disclosure may somehow taint Juror 50’s testimony is unfounded. See United States v.
McCoy et al., No. 14-CR-6181 (EAW), Dkt. No. 329, at 15 (W.D.N.Y. June 2, 2017) (providing
the jury questionnaire to juror’s counsel in advance of the hearing). Rather, delaying disclosure
until the hearing would needlessly delay the fact-finding process.
Moreover, the Court concludes that the presumption of access dictates that the
questionnaire must be docketed. Juror 50’s and the Defendant’s request that the questionnaire
remain sealed is governed by the three-part test articulated by the Second Circuit in Lugosch v.
Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). See Dkt. No. 596 at 2 (outlining the
test). First, the jury questionnaire easily qualifies as a judicial document. It is a key exhibit to
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DOJ-OGR-00021543
Document Details
| Filename | DOJ-OGR-00021543.jpg |
| File Size | 640.1 KB |
| OCR Confidence | 93.9% |
| Has Readable Text | Yes |
| Text Length | 2,132 characters |
| Indexed | 2026-02-03 20:14:16.108431 |