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Case 1:20-cr-00330-PAE Document615_ Filed 02/24/22 Page 36 of 49
This inquiry should be tight focused,
On this last subject, the defendant claims that had Juror 50 answered Question 48 in the
affirmative, the Court and the parties would have “probed” him about various topics, which the
defendant suggests are necessary topics of examination. (Def. Mem. at 44). The record refutes
that assertion, and inquiry along the lines proposed by the defendant is not necessary.
The defendant argues that the Court would have inquired whether Juror 50 was able to
assess the credibility of a witness claiming sexual assault or abuse just like he would any other
witness. (/d.). As an initial matter, Juror 50 already stated in the juror questionnaire that he could
assess the credibility of a witness claiming sexual assault or abuse just like he would any other
witness. (Def. Ex. 1, Question 47). Moreover, the Court did not ask jurors who answered Question
48 in the affirmative any follow up questions about Question 47. Accordingly, there is no need to
inquire about this subject any further at a hearing, beyond perhaps reaffirming that Juror 50’s
answer to Question 47 was correct.
‘6 The Court need not inquire about the details of the victim’s sexual abuse, just as the Court did
not probe such details with respect to other jurors who answered Question 48 affirmatively. (See
Nov. 16, 2021 Tr. at 18-19, 52-57, 200, 207-08, 259, 293, 532, 635). In the event the Court
believes that details need to be elicited, beyond those few details Juror 50 has provided publicly,
such inquiry should be conducted at sidebar or in camera. See Janniello, 866 F.2d at 544; Shakur,
723 F. Supp. at 928.
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Dates
Document Details
| Filename | DOJ-OGR-00009155.jpg |
| File Size | 639.6 KB |
| OCR Confidence | 94.4% |
| Has Readable Text | Yes |
| Text Length | 1,713 characters |
| Indexed | 2026-02-03 17:42:09.569016 |