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Case 22-1426, Document 87, 07/27/2023, 3548202, Page21 of 35

that, had he answered truthfully, would have revealed his prior sexual abuse. Juror 50 testified that he inadvertently answered incorrectly all, and only, the questions that would have elicited information about his child sexual abuse.6 In response to the Court’s inquiry as to whether he could have been fair and impartial, he replied by rote in the affirmative. His answers and explanations were incredible, ever shifting, and even outright contradictory. He attributed his false answers to having simply misread questions because he was tired and distracted, but then claimed that one answer was predicated on his view that a stepbrother was not a family member, and another, on his view that he did not consider that his sexual assault made him a victim of a crime (A268) – an explanation that made sense only if he had actually read and understood the questions in the first instance.

Juror 50’s testimony was incredible as a matter of law, but the Court found that the juror’s false statements were an “inadvertent mistake.” A340, 347. The Court refused to inquire as to the juror’s post-trial activity that included multiple media interviews about the part his own experience as a victim of sexual abuse played in his role as a juror on this case. Nor would the Court inquire about Juror 50’s statements concerning a second juror’s undisclosed sexual abuse. Dkt. 613 at

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6 None of the 18 individuals selected for service as a deliberating or alternate juror answered “yes” when asked if they were a victim of sexual abuse, sexual assault, or sexual harassment. DKT. 613.

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