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Case 1:20-cr-00330-PAE Document 616-1 Filed 02/24/22 Page 46 of 67
A-5664

UNITED STATES OF AMERICA, v
PAUL M. DAUGERDAS, ET AL.,
February 15, 2012

[Page 217]
C2FFDAU6 Conrad - cross Page 217
1 remember every word, but do you remember an instruction that
2 went along these lines: You will have to decide what the facts
3 are from the evidence that will be presented in this courtroom
4 and then apply those facts to the law as I give it to you.
5 Do you recall that?
6 A. Yes.
7 Q. Did you follow that instruction, Ms. Conrad?
8 A. Yes.
9 Q. And another instruction went something along the lines that
10 the law requires your decision be based solely on the evidence
11 before you. Anything I direct you to disregard as being
12 excluded because it's not legally admissible, further, anything
13 that you may see or hear when the Court is not in session may
14 not be considered. The only competent evidence is evidence
15 received in this courtroom. Do you remember that instruction?
16 A. Not word-for-word, but the general gist, yes.
17 Q. The substance of it, do you remember that?
18 A. Yes.
19 Q. And did you follow that instruction?
20 A. Yes.
21 Q. Did you render your verdict, Ms. Conrad, based solely on
22 the evidence presented at trial and in the context of the law
23 that Judge Pauley gave to you in his instructions and not based
24 on any bias, prejudice or sympathy?
25 A. Yes.

[Page 218]
C2FFDAU6 Conrad - cross Page 218
1 Q. Now, Ms. Conrad, you noted earlier in your testimony that
2 you obtained your law degree from Brooklyn law school, correct?
3 A. Yes.
4 Q. Your practice consisted, did it not, of litigation,
5 primarily in personal injury matters, is that fair?
6 A. For the most part yes.
7 Q. And you served as a contract attorney for certain
8 plaintiffs' lawyers, is that correct?
9 A. Yes.
10 Q. In carrying out your role as a juror is it fair to say that
11 you disregarded any other ideas or notions or beliefs about the
12 law that you previously had in reaching your verdict in this
13 case?
14 A. That's a fair statement, yes.
15 Q. Let's go back for just one moment to the letter that you
16 were asked about and you referred to Dr. DeRosa and the numbers
17 with respect to Mr. Schectman's questions, do you remember
18 that?
19 A. Yes.
20 Q. He asked you, Mr. Schectman did, about a statement that you
21 made that numbers don't lie. Do you recall that?
22 A. Just from looking at the letter.
23 Q. Yes, if you look four lines from the bottom where you said,
24 quote, "I'm a purist and numbers don't lie"?
25 A. Yes.

[Page 219]
C2FFDAU6 Conrad - cross Page 219
1 Q. And that was in a way justifying the result that you
2 reached, correct, personally?
3 A. That's fair, yes.
4 Q. And when you referred to Dr. DeRosa when Mr. Schectman was
5 asking you, I think you mentioned that you found it personally,
6 not going into your deliberations, but convincing, Dr. DeRosa's
7 testimony about the lack of economic substance, is that fair?
8 A. Oh, yes.
9 Q. Did you pay careful attention to the testimony of all
10 witnesses?
11 A. Shanbrom lost me, but yes.
12 Q. And in fact you noted in your letter that you didn't find
13 very compelling the testimony of Mr. Shanbrom, correct?
14 A. That's correct.
15 Q. So is it fair to say that that example is emblematic of
16 your view that you didn't call everything in the government's
17 favor because you found government witness Paul Shanbrom
18 unconvincing, is that a fair word?
19 A. More than fair.
20 Q. Now, is that indicative, Ms. Conrad, of what you said
21 earlier, that you based your verdict in this case based on what
22 you saw in this courtroom from the witness stand and the
23 evidence you heard and applying the instructions from Judge
24 Pauley?
25 A. Yes, in totality.

[Page 220]
C2FFDAU6 Conrad - cross Page 220
1 Q. After all, you voted to acquit Mr. Brubaker, correct?
2 A. Yes.
3 Q. And you voted to acquit Mr. Parse on certain charges,
4 correct?
5 A. Correct.
6 Q. Just a few more questions with respect to some of the
7 instructions you were given. Do you remember Judge Pauley
8 instructed you at the end of the case in his instructions that
9 under your oath as jurors you are not to be swayed by fear,
10 prejudice, bias or sympathy, you're to be guided solely by the
11 evidence in the case. Do you remember an instruction along
12 that line?
13 A. Yes.
14 Q. And is it true, Ms. Conrad, that in spite of all that we
15 spoke about earlier today that you based your verdict which
16 involved an acquittal of Mr. Brubaker and a partial acquittal
17 of Mr. Parse based on the evidence in this courtroom and the
18 instructions that Judge Pauley gave you?
19 A. That's correct.
20 Q. Were you biased against the defendants in any manner or
21 form?
22 A. Not at all.
23 (Continued next page)
24
25

SOUTHERN DISTRICT REPORTERS (55) Page 217 - Page 220
DOJ-OGR-00009268