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Case 1:20-cr-00330-PAE Document 635 Filed 03/01/22 Page3of4 Page 3 written questionnaire, Question 25 did not ask prospective jurors to elaborate, but simply asked whether they could be fair and impartial. I. Juror 50’s Explanation For His Answers to Questions 25 and 48 The Government submits that the Court should then direct Juror 50 to the questionnaire he completed, and ask the following questions: e Was your answer to Question 48 in the written questionnaire accurate? o If not, can you please explain why you answered “no” to Question 48? o Did you intentionally answer Question 48 inaccurately? e Was your answer to Question 25 in the written questionnaire accurate? o If not, can you please explain why you answered “no” to Question 25? o Did you intentionally answer Question 25 inaccurately? il. How Juror 50 Would Have Responded to Follow Up Questions to Questions 25 and 48 Consistent with the Court’s questioning of jurors who disclosed during voir dire that they had experienced sexual abuse, sexual assault, or sexual harassment, the Government submits that the Court should ask Juror 50 whether his experiences affected his ability to be fair and impartial. However, the Court should be mindful of Rule 606(b), which precludes the Court from inquiring into the substance of the jury’s deliberations or Juror 50’s mental processes as a juror. Accordingly, the Government submits the following questions are appropriate: e At the time you were selected as a juror, was there anything about your experience with prior sexual abuse that would have affected your ability to be fair and impartial in this case? e At the time you were selected as a juror, was there anything about your experience with prior sexual abuse that would have affected your ability to render a verdict DOJ-OGR- 00009636