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Case 1:20-cr-00330-PAE Document636 Filed 03/01/22 Page 14 of 22 The Honorable Alison J. Nathan March 1, 2022 Page 14 e. And when you made that statement to the Daily Mail reporter, you had not seen your jury questionnaire since you had filled it out. f. So, at the time of your interview with the Daily Mail, you recalled a question about whether or not a family member or a relative was sexually abused, but you didn’t recall a question about whether you yourself were sexually abused? g. Question 48 is the only question in the entire questionnaire that asks whether you or a friend or a family member has been the victim of sexual abuse? h. And the word “you” comes before “friend” and “family member”? i. So, you’re saying that you read this question closely enough at the time you filled out the questionnaire to remember that it asked about sexual abuse involving your friends and family members, but not involving yourself? j. So, you didn’t “fly through” this question — you remember almost all of it? k. The only part you now claim you “flew through” is the part that asked about your own sexual abuse? C. Questions to Probe Whether Juror 50 Was Biased Due to His Childhood Sexual Abuse and Could Have Been Struck for Cause Apart from the questions set forth above concerning the similarities between Juror 50’s childhood sexual abuse and those of the witnesses—which alone is sufficient to support a for cause challenge—the Court should inquire about other possible sources of actual, implied, and inferred bias that may have resulted from his abuse. See United States v. Torres, 128 F.3d 38, 43 (2d Cir. 1997) (Challenges for cause can be based on implied bias, inferable bias, or actual bias). The defense believes it serves no purpose to ask Juror 50 what he would have said if he had been 2100689.3 DOJ-OGR-00009651