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Case 1:20-cr-00330-PAE Document 643 Filed 03/11/22 Page 33 of 49

“[t]he object of the proceeding is to permit the truth to be discovered with the least possible harm
to other interests.” United States v. Gagnon, 282 F. App’x 39, 40 (2d Cir. 2008) (quoting Moten,
582 F.2d at 666); see also Miller v. United States, 403 F.2d 77, 82 (2d Cir. 1969) (court should
avoid “dangers presented by inquiries that go beyond objective facts: inhibition of jury-room
deliberations, harassment of jurors, and increased incidence of jury tampering.”). Indeed, “the
proper functioning of the jury system requires that the courts protect jurors from being harassed
and beset by the defeated party in an effort to secure from them evidence of facts which might
establish misconduct sufficient to set aside a verdict.” Moten, 582 F.2d at 664 (quotation omitted).
Thus, “when and if it becomes apparent that the . . . reasonable grounds to suspect prejudicial jury
impropriety do not exist, the inquiry should end.” Sun Myung Moon, 718 F.2d at 1234.

The district court “has the power and the duty to supervise and closely control such
inquiries.” United States v. Calbas, 821 F.2d 887, 896 (2d Cir. 1987). For example, the Court
may choose to personally conduct the questioning of a juror in order to avoid intruding on the
jury’s deliberations. See, e.g., Calbas, 821 F.2d at 896. A district court may also determine to
hold the hearing in camera. See Ianniello, 866 F.2d at 544; see also United States v. Shakur, 723
F. Supp. 925, 928 (S.D.N.Y. 1988), aff’d 888 F.2d 234 (2d Cir. 1989).

B. Discussion

For the reasons set forth above, the Government believes that the exacting standard for a
post-verdict hearing has been met only with respect to Juror 50 and the apparent inconsistency
between his several public statements (including one on video) about being a victim of sexual
abuse and his answer to Question 48 on the juror questionnaire. Thus, the Government consents
to a hearing in order to determine (1) whether Juror 50 deliberately lied in response to Question

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