DOJ-OGR-00002329.jpg

Case 1:20-cr-00330-AJN Document 126 Filed 01/25/21 Page 9 of 13 States v. Johnson, 21 F. Supp. 2d 329, 334-35 (S.D.N.Y. 1998); see also United States v. Kenny, 883 F. Supp. 869, 874 (E.D.N.Y. 1995). The only geographic nexus in this case to this District—Epstein’s New York residence—is in the Manhattan Division, and the case will be tried within the Manhattan Division. The appropriate comparison here is therefore between the Manhattan Division and the qualified wheel for White Plains. Mr. Martin’s analysis found significant underrepresentation of both Black and Hispanic persons in the White Plains qualified wheel when compared to the eligible juror population of the Manhattan Division. Mr. Martin found that the eligible juror population of the Manhattan Division is 20.92% Black and 28.06% Hispanic (Martin Decl. § 20), while the White Plans qualified wheel refilled in February 2017 (and thus in effect in 2020) was 8.76% Black and 10.48% Hispanic (id. § 55). Thus, Mr. Martin found an “Absolute Disparity” of 12.16% underrepresentation for Black jurors (20.92% minus 8.76%) and an “Absolute Disparity” of 17.58% for Hispanic jurors (28.06% minus 10.48%). Jd. J] 61-62. Mr. Martin also found significant underrepresentation using a “Comparative Disparity” analysis (id. J] 69-70), which reflects a cognizable group’s absolute disparity as a percentage of the population percentage of that group, and a standard deviation analysis (id. [§ 74-75), which measures the statistical significance of a group’s underrepresentation. Mr. Martin further found that there would be significant underrepresentation even if the White Plains qualified wheel were compared to the eligible juror population of the entire Southern District of New York. For the whole District, the eligible juror population is 18.09% Black and 23.41% Hispanic. /d. § 19. Thus, when compared to the whole District, an absolute disparity analysis of the White Plains qualified wheel showed an underrepresentation of 9.33% for Black jurors and 12.93% for Hispanic jurors. /d. J] 59-60. As with the comparison to the DOJ-OGR-00002329