636.pdf
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- pdf
- Source set
- house-oversight-doj
- Pages
- 22
- Text status
- Searchable text available
- OCR confidence
- 0.9366009108605884
Original source
Extracted text
Case 1:20-cr-00330-PAE Document 636 Filed 03/01/22 Page1of22 800 Third Avenue New York, NY 10022 COHEN & GRESSER LLP +1 212.957 7600 phone www.cohengresser.com Christian R. Everdell +1 (212) 957-7600 [email protected] March 1, 2022 BY EMAIL The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, NY 10007 Re: United States v. Ghislaine Maxwell, 82 20 Cr. 330 (AJN) Dear Judge Nathan: We write in response to the Court’s order, dated February 24, 2022, permitting the parties to submit proposed questions to the Court for the hearing related to Ms. Maxwell’s Motion for a New Trial. Dkt. 610. Renewed Request for Counsel to Conduct the Questioning of Juror 50 Ms. Maxwell reiterates her request that the Court allow counsel to conduct the questioning of Juror 50 during the upcoming hearing. Attorney-conducted questioning enhances the opportunity and ability to elicit bias on the part of the juror. See, e.g., Johnson & Haney, Felony Voir Dire: An Exploratory Study of its Contents and Effect, 18 Law and Human Behavior 309 (1994). To smoke out the reasons why Juror 50 did not truthfully answer Questions 48 and 25 on the jury questionnaire, he must be cross-examined. Defense counsel is in the best position to conduct that cross-examination. This was the procedure that Judge Pauley followed in United States v. Daugerdas, and there is no reason to follow a different procedure here. See Dkt. 616-1. 2100689.3 DOJ-OGR- 00009638
Case 1:20-cr-00330-PAE Document636 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 m…
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