DOJ-OGR-00009431.jpg
431 KB
Extraction Summary
2
People
3
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Court transcript (cross-examination)
File Size:
431 KB
Summary
This document is a page from a court transcript (Case 1:20-cr-00330-PAE) featuring the cross-examination of a witness named Berke. The questioning focuses on legal ethics, specifically asking Berke if an attorney is obligated to report juror misconduct to the Court. Berke attempts to qualify his answer rather than giving a simple 'yes' or 'no,' stating he relies on ethical rules and commentary when such issues arise.
People (2)
| Name | Role | Context |
|---|---|---|
| Berke | Witness/Attorney |
Undergoing cross-examination regarding legal ethics and attorney obligations.
|
| Unidentified Questioner (Q) | Attorney |
Conducting the cross-examination of Berke.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Footer information.
|
|
| The Court |
Referenced in the context of reporting juror misconduct.
|
|
| Department of Justice (DOJ) |
Implied by the Bates stamp 'DOJ-OGR'.
|
Locations (1)
| Location | Context |
|---|---|
|
Implied by the court reporter's name (likely SDNY).
|
Relationships (1)
Cross-examination questioning in court transcript.
Key Quotes (3)
"If an attorney forms a belief that a juror has engaged in misconduct, do you believe that the attorney has an obligation to bring it to the attention of the court?"Source
DOJ-OGR-00009431.jpg
Quote #1
"I will tell you that I have never confronted that issue at trial in any trial I have done"Source
DOJ-OGR-00009431.jpg
Quote #2
"I'm very familiar with the ethical rules. I'm familiar with my obligations to my client, to the court"Source
DOJ-OGR-00009431.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,439 characters)
Case 1:20-cr-00330-PAE Document 161-3 Filed 02/24/22 Page 12 of 117
A-5827
A-5827
370
C2grdau4 Berke - cross
1 forms a belief that a juror has engaged in misconduct, that
2 attorney is obligated to bring the misconduct to the attention
3 of the Court?
4 A. You're asking me an ethical question, a legal opinion. I
5 will tell you this --
6 Q. Can you not answer that yes or no, Mr. Berke?
7 A. Well, I'd like --
8 Q. I'm asking you a question, and I'll repeat it again. Maybe
9 you can't answer it yes or no; tell me if that's the case. If
10 an attorney forms a belief that a juror has engaged in
11 misconduct, do you believe that the attorney has an obligation
12 to bring it to the attention of the court?
13 A. I can't answer that yes or no. I can answer it, but I just
14 can't answer it yes or no.
15 Q. Really? You can't answer that question yes or no? That's
16 your testimony?
17 A. That's not how I would answer that question.
18 Q. Tell us how you would answer that question.
19 A. I will tell you that I have never confronted that issue at
20 trial in any trial I have done; that whenever I have an issue
21 that I think raises an ethical issue, I always do the same
22 thing. I always look to the ethics rules. I always look to
23 the ethics commentary.
24 I'm very familiar with the ethical rules. I'm
25 familiar with my obligations to my client, to the court, my
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00009431
C2grdau4 Berke - cross
1 forms a belief that a juror has engaged in misconduct, that
2 attorney is obligated to bring the misconduct to the attention
3 of the Court?
4 A. You're asking me an ethical question, a legal opinion. I
5 will tell you this --
6 Q. Can you not answer that yes or no, Mr. Berke?
7 A. Well, I'd like --
8 Q. I'm asking you a question, and I'll repeat it again. Maybe
9 you can't answer it yes or no; tell me if that's the case. If
10 an attorney forms a belief that a juror has engaged in
11 misconduct, do you believe that the attorney has an obligation
12 to bring it to the attention of the court?
13 A. I can't answer that yes or no. I can answer it, but I just
14 can't answer it yes or no.
15 Q. Really? You can't answer that question yes or no? That's
16 your testimony?
17 A. That's not how I would answer that question.
18 Q. Tell us how you would answer that question.
19 A. I will tell you that I have never confronted that issue at
20 trial in any trial I have done; that whenever I have an issue
21 that I think raises an ethical issue, I always do the same
22 thing. I always look to the ethics rules. I always look to
23 the ethics commentary.
24 I'm very familiar with the ethical rules. I'm
25 familiar with my obligations to my client, to the court, my
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00009431
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