This legal document is a portion of a court filing by the U.S. Government, likely a motion or memorandum. It cites various legal precedents to establish the standards for conducting a post-verdict inquiry into potential juror misconduct. The Government argues that these standards have been met with respect to 'Juror 50' due to an inconsistency between his public statements about being a victim of sexual abuse and his answer on a juror questionnaire, and therefore consents to a hearing to determine if the juror lied.
This document is a legal filing, specifically page 32 of a larger document, arguing the legal standard for scheduling a post-verdict hearing regarding potential juror misconduct by 'Juror 50'. It cites numerous precedents from the Second Circuit to establish that such a hearing is only warranted under strict conditions, requiring 'clear, strong, substantial and incontrovertible evidence' of impropriety, and is not meant to be a 'fishing expedition' for the defendant.
This legal document argues that a hearing to question Juror 50 should be strictly limited in scope and conducted by the Court itself. The author contends the inquiry should only focus on whether the juror intentionally lied in response to specific voir dire questions and was actually biased, citing legal precedent and Federal Rule of Evidence 606(b) to prevent improper questioning about jury deliberations. This approach is recommended to avoid harassment of the juror regarding sensitive topics like sexual abuse and to prevent the defendant from introducing inadmissible subjects.
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