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Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 3 of 30 District of New York from the November 1, 2016 jury eligible population is representative of the community from which it is supposed to be drawn. The population for which the jury is meant to be representative is normally defined as the population of citizens of the United States who are at least 18 years old who reside in the community. To the extent there is a difference in representation between the qualified jury wheel and the community of African Americans or Blacks (referred to herein as African Americans) and of Hispanics or Latinos (referred to herein as Hispanics), I was asked to assess the cause(s) of the difference. I also was asked to comment on the appropriateness and accuracy of the defendant’s expert Jeffery Martin’s assessment of the difference between the qualified jury wheel and the community. WW. EXECUTIVE SUMMARY 3. The African American percentage of the White Plains qualified jury wheel was 3.69 percentage points lower than that in the White Plains community (8.76% versus 12.45%, respectively) and the Hispanic percentage was 3.64 percentage points lower than that in the White Plains community (10.48% versus 14.12%, respectively). This is consistent with what Defendant’s expert Mr. Martin reports in his declaration. 4. The disparities were almost exclusively due to the pattern of African Americans and Hispanics having been sent a juror questionnaire, and being found to be qualified as a juror and not excused at a significantly lower rate than other races or ethnicities after returning the questionnaire. Of the 3.69 percentage point difference by race (African American), 2.58 (or 69.9% of the absolute disparity) is caused by this factor. Of the 3.64 percentage point difference by ethnicity (Hispanic), 2.59% (or 71.2% of the absolute disparity) is caused by this factor. 5. Tracking the percent African American and Hispanic individuals in the community through to the percent African American and Hispanic individuals on the White Plains qualified DOJ-OGR-00003623