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Extraction Summary
5
People
2
Organizations
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Locations
3
Events
2
Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
673 KB
Summary
This legal document is a court's conclusion regarding a defendant's motion to find a juror, Juror 50, biased. The defendant argued the juror's failure to disclose a personal history of sexual abuse during jury selection showed an inability to be impartial. The Court rejects this argument, finding that the juror's omission was due to inattention rather than a deliberate lie or perjury, and therefore denies the defendant's motion.
People (5)
| Name | Role | Context |
|---|---|---|
| Juror 50 | Juror |
The subject of a motion by the Defendant, who argued the juror was biased and committed perjury during jury selection.
|
| Maxwell | Defendant |
Mentioned as the source of the 'Post-Hearing Br.' (brief), arguing that Juror 50 was biased.
|
| Dyer | Party in a legal case |
Mentioned in the legal citation 'Dyer v. Calderon', a case relied upon by the Defendant.
|
| Calderon | Party in a legal case |
Mentioned in the legal citation 'Dyer v. Calderon', a case relied upon by the Defendant.
|
| McDonough |
Referenced in the context of the 'McDonough inquiry', a legal standard or test.
|
Organizations (2)
Timeline (3 events)
Relationships (2)
The Defendant filed a motion arguing that Juror 50 was biased and should not have served on the jury.
Key Quotes (3)
"willingness to disregard the Court’s instructions"Source
— Defendant (Maxwell)
(Quoted from the Defendant's argument in the 'Maxwell Post-Hearing Br.' regarding Juror 50's conduct.)
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Quote #1
"shows an inability to serve as an unbiased juror."Source
— Defendant (Maxwell)
(Quoted from the Defendant's argument in the 'Maxwell Post-Hearing Br.' regarding Juror 50's conduct.)
DOJ-OGR-00010362.jpg
Quote #2
"stand in judgment of other people’s veracity."Source
— Court (citing Dyer v. Calderon)
(A quote from the Dyer case explaining the proposition that a juror who deliberately lies cannot be trusted.)
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Quote #3
Full Extracted Text
Complete text extracted from the document (1,981 characters)
Case 1:20-cr-00330-PAE Document 653 Filed 04/01/22 Page 39 of 40
Even if confined to the questionnaire session, the Defendant argues that Juror 50’s
“willingness to disregard the Court’s instructions” during the questionnaire “shows an inability
to serve as an unbiased juror.” Maxwell Post-Hearing Br. at 11. She relies on Dyer v. Calderon,
151 F.3d 970 (9th Cir. 1998) (en banc), as her sole support. But Dyer stands for the distinct
proposition that a juror who deliberately lies, and thus commits perjury, cannot be trusted to
“stand in judgment of other people’s veracity.” Id. at 983. It does not support that an uncareful
and inattentive prospective juror who mistakenly provides an inaccurate response during jury
selection is biased. As explained above, the Court does not conclude that Juror 50 committed
perjury and lied in an effort to be on the jury. Accordingly, the Court rejects granting the
Defendant’s motion on this basis.
“willingness to disregard the Court’s instructions” during the questionnaire “shows an inability
to serve as an unbiased juror.” Maxwell Post-Hearing Br. at 11. She relies on Dyer v. Calderon,
151 F.3d 970 (9th Cir. 1998) (en banc), as her sole support. But Dyer stands for the distinct
proposition that a juror who deliberately lies, and thus commits perjury, cannot be trusted to
“stand in judgment of other people’s veracity.” Id. at 983. It does not support that an uncareful
and inattentive prospective juror who mistakenly provides an inaccurate response during jury
selection is biased. As explained above, the Court does not conclude that Juror 50 committed
perjury and lied in an effort to be on the jury. Accordingly, the Court rejects granting the
Defendant’s motion on this basis.
* * *
In sum, the Court concludes that the evidence in the record does not support finding that
Juror 50 was biased. Juror 50’s sworn testimony did not reveal actual partiality. And Juror 50
was not impliedly or inferably biased. He was neither a victim nor otherwise involved in the
actual crimes. Nor does he have any sort of relationship with any of the parties or case
participants. And as consistent with other jurors who answered “yes (self)” to Question 48, the
Court would not have granted a for-cause challenge on the basis of Juror 50’s personal history of
sexual abuse. That Juror 50 was distracted during the questionnaire does not reveal that he was
biased or failed to follow the Court’s instructions during voir dire and the trial. Prong two of the
demanding McDonough inquiry is not satisfied.
Juror 50 was biased. Juror 50’s sworn testimony did not reveal actual partiality. And Juror 50
was not impliedly or inferably biased. He was neither a victim nor otherwise involved in the
actual crimes. Nor does he have any sort of relationship with any of the parties or case
participants. And as consistent with other jurors who answered “yes (self)” to Question 48, the
Court would not have granted a for-cause challenge on the basis of Juror 50’s personal history of
sexual abuse. That Juror 50 was distracted during the questionnaire does not reveal that he was
biased or failed to follow the Court’s instructions during voir dire and the trial. Prong two of the
demanding McDonough inquiry is not satisfied.
IV. CONCLUSION
For the reasons stated above, the Court concludes that Juror 50 testified credibly and
truthfully at the post-trial hearing. His failure to disclose his prior sexual abuse during the jury
truthfully at the post-trial hearing. His failure to disclose his prior sexual abuse during the jury
39
DOJ-OGR-00010362
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