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Case 1:20-cr-00330-PAE Document 367-1 Filed 10/22/21 Page 14 of 17

54. I have tried to direct your attention in these questions and through the questionnaire you filled out to possible reasons why you might not be able to sit as a fair and impartial juror. Apart from any prior question, does any juror have the slightest doubt in his or her mind, for any reason whatsoever, that he or she will be able to serve conscientiously, fairly, and impartially in this case and to render a true and just verdict without fear, favor, sympathy, or prejudice, and according to the law as it will be explained?

55. If you are chosen to serve as a juror in this case, the Court will order you not to read, listen to, or watch any accounts of this case reported on television, the radio, or over the Internet or social media. Jurors are also not allowed to do any research regarding this case, whether over the Internet, on social media or in any other manner. The case must be decided solely on the basis of the evidence presented in the courtroom. Would you have any difficulty following these rules, which are binding on every juror?

HARDSHIP AND ABILITY TO SERVE

56. This trial is expected to at least six weeks and may extend beyond the holidays. The jury will normally sit from ---- 9:30 a.m. to 5:00 p.m. five days per week although there may be deviations from these times. [The Court will not sit from December 24th through New Year's and will resume on January 3d.] The Court and counsel recognize that jury service may be an inconvenience. On the other hand, jury service is an important responsibility for citizens of our democracy. Only in the United States do we rely on our fellow citizens for the determination of justice. Only if service will impose a true hardship, will the Court consider excusing you from service. If you believe you have a true hardship, please let me know.

57. Do you have any physical or personal problem, or do you take any medicine that you believe would affect you during the trial?

Commented [A17]: GOVERNMENT OBJECTION: The Government objects to the questions in the “Hardship and Ability to Serve” section proposed by the Defendant on the grounds that the questions are duplicative of questions included in the proposed questionnaire. Jurors should be asked follow-up questions during voir dire as necessary, but need not be asked the same questions again.

Commented [A18R17]: DEFENDANT RESPONSE: The defense responds that (a) the Court has not yet ruled on the admissibility of the questions on the questionnaire, (b) there undoubtedly will be potential hardship issues that may arise between the time the jurors fill out the questionnaire and appear for voir dire, and (c) asking the questions live when the jurors reactions, hesitations, explanations can be explored by the Court and observed by the parties will aid in the selection of an impartial and fair jury.

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