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Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document 643 _ Filed 03/11/22 Page 38 of 49
not have questioned Juror 50 during voir dire about his views about Dr. Loftus or memory, and it
would be inappropriate to do so now.
Instead, the inquiry of Juror 50 should be similar to the inquiry the Court conducted of
other prospective jurors who answered “yes” to Question 48 of the juror questionnaire. For
example, during the voir dire inquiry of Juror 189, after directing the prospective juror to a blank
version of the questionnaire, the Court’s examination on this subject was as follows:
THE COURT: Based on your response, what I want to ask is if there
is anything about what you describe here that would interfere in any
way with your ability to be fair and impartial here?
JUROR: No.
(Nov. 17, 2021 Tr. at 532:11-18). Similarly, the following is the voir dire inquiry of Juror 239,
who answered “yes” to Question 48:
THE COURT: The first tab is just a blank version of the
questionnaire that you filled out. If you turn to page 24, question
48. Do you recall your response to question 48?
JUROR: Yes.
THE COURT: Anything about that experience, in light of what I
have told you about this case, that would interfere in any way with
your ability to be fair to both sides?
JUROR: There is nothing there.
(Nov. 18, 2021 Tr. at 634:25-635:8). These jurors were not asked any further questions about their
experiences as victims of sexual abuse, and they were qualified as jurors without objection from
either party. Thus, while the defendant claims that Juror 50’s responses to the questionnaire
deprived the Court of the opportunity to conduct a probing voir dire examination of Juror 50
regarding his views about the defense’s theories in this case, the record proves otherwise. (Def.
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Document Details
| Filename | DOJ-OGR-00009836.jpg |
| File Size | 621.7 KB |
| OCR Confidence | 95.4% |
| Has Readable Text | Yes |
| Text Length | 1,802 characters |
| Indexed | 2026-02-03 17:50:52.278242 |