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Case 1:20-cr-00330-PAE Document 635 _ Filed 03/01/22 Page2of4 Page 2 1. Whether Juror 50 Accurately Answered Questions 25 and 48 First, the Court should ask Juror 50 to answer Questions 25 and 48, to determine what the accurate answers are: e Question 48: Have you ora friend or family member ever been the victim of sexual harassment, sexual abuse, or sexual assault? e Question 48(a) asks the juror to “please explain.” Consistent with the Court’s practice at voir dire, the Government submits that the Court should ask Juror 50 whether he feels comfortable explaining in open court what happened to him, or whether he would prefer to do so at sidebar. The Government notes that Juror 50 does not appear to have shared any of the details of his personal experience with sexual abuse in his interviews with media outlets. Moreover, Juror 50’s counsel expressed concern about Juror 50’s privacy rights regarding disclosing intimate details of his experience as the victim of sexual abuse. (Dkt. No. 608 at 6-7). The Government further notes that the Court did not ask prospective jurors at voir dire to provide detailed accounts of their experiences with sexual abuse or sexual assault, and thus Juror 50 should not be required to give a detailed account of his personal experiences, because the Court has already determined that such details are not necessary to determining a juror’s qualifications and an inquiry mimicking that which would have occurred during voir dire is consistent with the hypothetical inquiry called for by Second Circuit case law. See United States v. Stewart, 433 F.3d 273, 304 (2d Cir. 2006). e Question 25: Have you, or any of your relatives or close friends, ever been a victim of a crime? The Government respectfully notes that unlike Question 48 of the DOJ-OGR-00009635