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Case 1:20-cr-00330-PAE Document620 _ Filed 02/25/22 Page/7of21 deliberations.” Maxwell Reply Br. at 8. This argument is wrong, as “the ultimate purpose of the [requested] post-trial evidentiary hearing is to set aside a jury verdict.” Ventura, 2014 WL 259655, at *3. And “there is no discernible reason to apply a different general standard to new trial motions based on juror misconduct than to those premised on any other reason.” United States v. Guzman Loera, No. 09-CR-0466 (BMC), 2019 WL 2869081, at *5 n.5 (E.D.N.Y. July 3, 2019), aff'd, 24 F.4th 144 (2d Cir. 2022). “[E]ven though there are additional considerations . . . when ruling on an evidentiary hearing and new trial motion premised upon allegations of juror misconduct, these are the overarching legal standards applicable to all Rule 33 motions, including when juror misconduct is at issue.” Jd. If a hearing is held, “its scope should be limited to only what is absolutely necessary to determine the facts with precision.” Janniello, 866 F.2d at 544. “Therefore, in the course of a post-verdict inquiry ..., when and if it becomes apparent that the above-described reasonable grounds to suspect prejudicial jury impropriety do not exist, the inquiry should end.” Moon, 718 F.2d at 1234. The Court has discretion to structure the hearing and to determine what testimony is needed. Janniello, 866 F.2d at 544. B. The scope of the hearing The Court will conduct an evidentiary hearing on whether Juror 50 provided false answers on the questionnaire, the explanation for those answers, and how Juror 50 would have responded to follow-up questions if accurate answers had been provided. The Government acknowledges that Juror 50’s answer to Question 48 satisfies the demanding standard for an evidentiary hearing under McDonough. Gov. Br. at 33. The Court agrees. Question 48 asked jurors: Have you or a friend or family member ever been the victim of sexual harassment, sexual abuse, or sexual assault? (This includes actual or attempted DOJ-OGR- 00009548

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Filename DOJ-OGR-00009548.jpg
File Size 696.2 KB
OCR Confidence 93.3%
Has Readable Text Yes
Text Length 2,027 characters
Indexed 2026-02-03 17:47:53.430249