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Case 1:20-cr-00330-PAE Document 636 Filed 03/01/22 Page 2 of 22

The Honorable Alison J. Nathan
March 1, 2022
Page 2

Proposed Questions

A. Questions to Determine the Nature of Juror 50’s Sexual Abuse and Whether Juror 50’s Responses to Questions 48 and 25 of the Jury Questionnaire Were False

Under the McDonough test, the Court must first determine whether Juror 50’s responses to Questions 48 and 25 were, in fact, false as reflected in his post-trial statements to the media. United States v. Stewart, 433 F.3d 273, 303 (2d Cir. 2006) (citing McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548, 556 (1984)). It is also necessary for the Court to inquire about the nature of the sexual abuse that Juror 50 experienced. Had Juror 50 disclosed in response to Question 48 that he was the victim of sexual abuse, he would have had to explain the nature of that abuse in his response to the very next question. See Question 48a. Furthermore, it is important for the Court to explore the specifics of Juror 50’s sexual abuse to determine how similar his experience was to the experiences of the witnesses who testified at trial. See United States v. Daugerdas, 867 F. Supp. 2d 445, 472 (S.D.N.Y. 2012) (“Courts imply bias ‘when there are similarities between the personal experiences of the juror and the issues being litigated.’” (quoting United States v. Sampson, 820 F. Supp. 2d 151, 163-64 (D. Mass. 2011)). Accordingly, the defense requests that the Court ask Juror 50 the following questions:

1. The Independent and the Daily Mail reported that you said you were the victim of sexual abuse when you were child, correct?

2. Did you say that?

3. So, it is accurate that you claim to have been a victim of sexual abuse when you were under the age of consent?

4. How old were you when you were sexually abused?

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