DOJ-OGR-00009115.jpg

Case 1:20-cr-00330-PAE Document614 Filed 02/24/22 Page 8of12 But these answers were inaccurate, at the very least. The /ndependent reported that Juror 50 admitted that he was “sexually abused.”’ Juror 50 explained that his own experience with sexual abuse influenced his view of why an alleged victim may delay reporting abuse and not recall seemingly important details — credibility issues central to this case. He drew on his own experience, explaining, “I didn’t disclose my own abuse until I was in high school,” and that he cannot remember all the details (“I know what happened when I was sexually abused. I remember the color of the carpet, the walls. Some of it can be replayed like a video... But I can’t remember all the details, there are some things that run together.”). Juror 50 explained to the press what he would not admit during voir dire— he was willing to dismiss memory lapses and delayed reporting by such a witness, he would resent an attack on her credibility, and he would respond to the defense questioning her credibility by feeling more “compassion for her.” Juror 50 made similar comments to the Daily Mail. He took the “victim’s point of view and explained how ‘you can’t remember all the details’ of traumatic memories.” He expressed his belief that his “sexual abuse” gave “him access to a better understanding of the testimony of victims.” Similarly, to Reuters, Juror 50 said he told jurors his own story of sexual abuse. With the first prong of the McDonough test so clearly satisfied, the court’s inquiry should move on to the second prong: whether an honest answer would have created a valid basis for disqualifying the juror for cause. In this regard, the Second Circuit recognizes three bases for disqualifying a juror for bias: (1) “actual bias,” (2) “implied” or “presumed” bias, and (3) 7 Lucia Osborn-Croweley, Ghislane Maxwell Juror Breaks Silence To The Independent: “This Verdict is For All The Victims’, Independent (Jan. 4, 2022); see also Laura Collins & Daniel Bates, “Gislane Was A Predator As Guilty As Epstein,” Daily Mail (Jan. 5, 2022); Luc Cohen, Some Ghislaine Maxwell Jurors Initially Doubted Accusers, Juror Said, Reuters (Jan. 5, 2022). 7 DOJ-OGR-O0009115