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750 KB
Extraction Summary
4
People
3
Organizations
0
Locations
2
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal brief / appellate filing
File Size:
750 KB
Summary
This page from a legal filing (dated Feb 28, 2023) argues that the District Court erred regarding 'Juror 50,' claiming the juror was biased and concealed information during voir dire to act as an 'unsworn expert' on traumatic memory. It cites Rule 606(b) exceptions and references a footnote contrasting expert testimony by Dr. Elizabeth Loftus (stating memory is constructed) with Juror 50's statements to The Independent (Jan 4, 2022) that abuse memories are 'replayed like a video.'
People (4)
| Name | Role | Context |
|---|---|---|
| Juror 50 | Juror |
Subject of legal argument regarding bias, concealment of information during voir dire, and statements to the media.
|
| Dr. Elizabeth Loftus | Expert Witness |
Testified regarding the nature of human memory, specifically contradicting the juror's understanding of memory as a r...
|
| Lucia Osborn-Crowley | Journalist |
Author of The Independent article interviewing Juror 50.
|
| Ghislaine Maxwell | Defendant |
Mentioned in the title of the news article cited in the footnote.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| District Court |
Court whose findings are being challenged in this document.
|
|
| The Independent |
Publisher of the interview with Juror 50.
|
|
| DOJ |
Department of Justice (indicated by Bates stamp DOJ-OGR).
|
Timeline (2 events)
2022-01-04
Publication of interview with Juror 50 in The Independent.
The Independent (Publication)
Relationships (2)
Cited article 'Ghislaine Maxwell Juror Breaks Silence...'
Loftus testified memory is constructed; Juror 50 claimed memory is like a video replay.
Key Quotes (4)
"Juror 50 does not get to use 606(b) as a shield."Source
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Quote #1
"people 'don’t just record events and play it back later like a recording device would work, like a video machine, but rather, we are actually constructing memories when we retrieve memories.'"Source
DOJ-OGR-00021133.jpg
Quote #2
"memories of the abuse he suffered can be 'replayed like a video.'"Source
DOJ-OGR-00021133.jpg
Quote #3
"Ghislaine Maxwell Juror Breaks Silence To The Independent: This Verdict Is For All The Victims"Source
DOJ-OGR-00021133.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,810 characters)
Case 22-1426, Document 59, 02/28/2023, 3475902, Page86 of 113
parties were aware of such statements is due to Juror 50’s own conduct. In such a
situation, Juror 50 does not get to use 606(b) as a shield.
situation, Juror 50 does not get to use 606(b) as a shield.
Rule 606(b)’s exception for extraneous prejudicial information is applicable
here. First, had this information been disclosed, Juror 50 would have been
disqualified or excluded from being a member of the jury. Second, his statements
demonstrate that he used information, concealed during voir dire, to operate as an
unsworn expert on the subject of traumatic memory for which he was not
qualified.13 And, third, questioning Juror 50 about his statements to media would
have provided the defense with an opportunity to establish through probing
questions the credibility of Juror 50’s conclusory protestations that he could be fair
and establish a valid basis for a cause challenge. Thus, testimony on this topic was
admissible as an exception to 606(b).
here. First, had this information been disclosed, Juror 50 would have been
disqualified or excluded from being a member of the jury. Second, his statements
demonstrate that he used information, concealed during voir dire, to operate as an
unsworn expert on the subject of traumatic memory for which he was not
qualified.13 And, third, questioning Juror 50 about his statements to media would
have provided the defense with an opportunity to establish through probing
questions the credibility of Juror 50’s conclusory protestations that he could be fair
and establish a valid basis for a cause challenge. Thus, testimony on this topic was
admissible as an exception to 606(b).
F. The District Court Erred in Finding that (1) Juror 50 was Not
Biased and (2) Juror 50 Would Not Have Been Stricken Even if
He Had Answered the Questions Accurately
Biased and (2) Juror 50 Would Not Have Been Stricken Even if
He Had Answered the Questions Accurately
Here, the District Court abused its discretion in unfairly limiting the hearing
and in making clearly erroneous factual findings, namely, that Juror 50’s hearing
and in making clearly erroneous factual findings, namely, that Juror 50’s hearing
13 Dr. Elizabeth Loftus testified that people “don’t just record events and play it
back later like a recording device would work, like a video machine, but rather, we
are actually constructing memories when we retrieve memories.” (Tr. at 2427).
However, Juror No. 50 stated that the memories of the abuse he suffered can be
“replayed like a video.” Lucia Osborn-Crowley, Ghislaine Maxwell Juror Breaks
Silence To The Independent: This Verdict Is For All The Victims,” Independent
(Jan. 4, 2022).
back later like a recording device would work, like a video machine, but rather, we
are actually constructing memories when we retrieve memories.” (Tr. at 2427).
However, Juror No. 50 stated that the memories of the abuse he suffered can be
“replayed like a video.” Lucia Osborn-Crowley, Ghislaine Maxwell Juror Breaks
Silence To The Independent: This Verdict Is For All The Victims,” Independent
(Jan. 4, 2022).
71
DOJ-OGR-00021133
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