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Case TASECIOOS8E- EEL TBOORAE NE G4 Filed@W2e4a/22gePaged 46 of 67 UNITED STATES OF AMERICA, v PAUL M. DAUGERDAS, ET AL., February 15, 2012 G2FFDAU6 Conrad - cross Page 217 C2FFDAUG6 Conrad - cross remember every word, but do you remember an instruction that went along these lines: You will have to decide what the facts are from the evidence that will be presented in this courtroom and then apply those facts to the law as I give it to you. Do you recall that? 6 A. Yes. 7 Q. Did you follow that instruction, Ms. Conrad? a A. Yes. 9 Q. And another instruction went something along the lines that 10 the Jaw requires your decision be based solely on the evidence 11 before you. Anything I direct you to disregard as being 12 excluded because it's not legally admissible, further, anything 13 that you may see or hear when the Court is not in session may 14 nol be considered. The only competent evidence is evidence 15 received in this courtroom. Do you remember that instruction? 16 A. Not word-for-word, but the general gist, yes. 17 Q. The substance of it, do you remember that? 1a A. Yes. 19 Q. And did you follow that instruction? 20 A, Yes. 21 Q. Did you render your verdict, Ms, Conrad, based solely on 22 the evidence presented at trial and in the context of the law that Judge Pauley gave to you in his instructions and not based on any bias, prejudice or sympathy? A. Yes. nm whe Page 219 1 Q. And that was in a way justifying the result that you 2 reached, correct, personally? 3 A. That's fair, yes. 4 Q. And when you referred to Dr. DeRosa when Mr, Schectman was 5 asking you, | think you mentioned that you found it personally, 6 not going into your deliberations, but convincing, Dr. DeRosa's 7 testimony about the lack of economic substance, is that fair? 8s A. Oh, yes. 9 Q. Did you pay careful attention to the testimony of al! witnesses? A. Shanbrom lost me, but yes, Q. And in fact you noted in your letter that you didn't find very compelling the testimony of Mr. Shanbrom, correct? A. That's correct, Q. So is it fair to say that that example is emblematic of your view that you didn't call everything in the government's favor because you found government witness Paul Shanbrom unconvincing, is that a fair word? A. More than fair. Q. Now, is that indicative, Ms. Conrad, of what you said earlier, that you based your verdict in this case based on what you saw in this courtroom from the witness stand and the evidence you heard and applying the instructions from Judge 10 11 12 13 14 15 16 17 18 |i 20 21 22 a3 C2FFDAU6 Conrad - cross Page 218 I Q. Now, Ms. Conrad, you noted earlier in your testimony that 2 you obtained your law degree from Brooklyn law school, correct? 3 A. Yes. 4 Q. Your practice consisted, did it not, of litigation, 5 primarily in personal injury matters, is that fair? A. For the most part yes. 7 Q. And you served as a contract attorney for certain a plaintiffs' lawyers, is that correct? 3 A. Yes. Q. In carrying out your role as a juror is it fair to say that you disregarded any other ideas or notions or beliefs about the law that you previously had in reaching your verdict in this case? A. That's a fair statement, yes. Q. Let's go back for just one moment to the letter that you were asked about and you referred to Dr, DeRosa and the numbers with respect to Mr. Schectman’s questions, do you remember that? A. Yes. Q. He asked you, Mr. Schectman did, about a statement that you made that numbers don't lic. Do you recall that? A. Just from looking at the letter. Q. Yes, if you look four lines from the bottom where you said, quote, “I'm a purist and numbers don't lie"? A. Yes. an Vi Bei VP EEREL SOUTHERN DISTRICT REPORTERS 24 Pauley? 25 A, Yes, in totality. C2FFDAUG Conrad - cross Page 220 1 Q. After all, you voted to acquit Mr. Brubaker, correct? A. Yes. Q. And you voted to acquit Mr. Parse on certain charges, correct? A. Correct, Q. Just a few more questions with respect to some of the instructions you were given. Do you remember Judge Pauley instructed you at the end of the case in his instructions that under your oath as jurors you are not to be swayed by fear, prejudice, bias or sympathy, you're to be guided solely by the evidence in the case. Do you remember an instruction along that line? A, Yes. Q. And is it true, Ms. Conrad, that in spite of all that we spoke about earlier today that you based your verdict which involved an acquittal of Mr. Brubaker and a partial acquittal of Mr. Parse based on the evidence in this courtroom and the instructions that Judge Pauley gave you? A. That's correct. Q. Were you biased against the defendants in any manner or form? A. Not at all. (Continued next page) woeownw & ww PHPPHP EP EE YauneRUREO RRM, M MH ® WN FP Ow ® \25 | (55) Page 217 - Page 220 DOJ-OGR- 00009268