Document 1:20-cv-00338-PAE

Case 1:20-cv-00338-PAE Document 616/201 Filed 02/24/22 Page 13 of 67 xi PAGE Exhibit D to Brune Affidavit— Email from Viviann Stapp to Randy Kim, March 1, 2011 ......... A-5466 Exhibit E to Brune Affidavit— Jury Selection Materials ....................... A-5475 Exhibit F to Brune Affidavit— Jury Selection Materials ....................... A-5479 Exhibit G to Brune Affidavit— Jury Selection Materials ....................... A-5481 Exhibit H to Brune Affidavit— Jury Selection Materials ....................... A-5489 Exhibit I to Brune Affidavit— Email from Suann Ingle to Kendra Melrose, May 11, 2011 ...... A-5494 Exhibit J to Brune Affidavit— Internal Brune & Richard emails ....................... A-5496 Exhibit K to Brune Affidavit— Memorandum from DB to Parse File, May 17, 2011 ......... A-5559 Supplemental Memorandum Of Law Of United States In Opposition To Defendants' Motion For A New Trial Pursuant To Rule 33 Of The Federal Rules Of Criminal Procedure, October 7, 2011 ..... A-5563 Exhibit 1— Affidavit of Daniel Nardello, September 28, 2011 .................... A-5593 Transcript—Telephone Conference, August 8, 2011 .................... A-5595 Transcript—New Trial Hearing, Day 1, February 15, 2012 .................... A-5608 Transcript—New Trial Hearing, Day 2, February 16, 2012 .................... A-5699 Hearing Exhibit 20—In re Conrad, 80 A.D.3d 168 (1st Dep't 2010) .................... A-5840 Declaration of Steven Gillers, April 6, 2012 .................... A-5843 DOJ-OGR-00009235 --- PAGE BREAK --- Case 1:20-cv-00338-PAE Document 616-1 Filed 02/24/22 Page 37 of 67 A-5635 UNITED STATES OF AMERICA, v. PAUL M. DAUGERDAS, ET AL., February 15, 2012 Page 101 C2frdau3 Page 103 C2frdau3 Conrad - direct 1 witness, we would have otherwise called Ms. Conrad in order to 1 this proceeding? 2 elicit these facts, so somebody looking back an this record 2 A. Yes, sir. 3 later on has no misimpression of a defendant calling a witness 3 Q. Ms. Conrad, did you take the same oath on March 1, 2011, to 4 who the government selectively decides to immunize. We were 4 tell the truth in this courtroom that you took a few moments 5 going to call this witness ourselves. We made a decision that 5 ago? 6 her testimony is in the public interest; that's why we are 6 A. I can't answer that. I'm not sure of the date. 7 seeking the immunity. I just wanted to make that clear to your 7 Q. Apart from the date, do you recall that in connection with 8 Honor. 8 United States v. Daugerdas, you appeared as a juror, a 9 THE COURT: Fine. Ms. Sternheim, if you would like, 9 prospective juror, correct? 10 you may take a seat in the jury box during her examination. 10 A. Yes, sir. 11 MS. STERNHEIM: Thank you, Judge. 11 Q. At the beginning of the trial you took an oath, did you not? 12 THE COURT: Let's bring out Ms. Conrad. 12 not? 13 MS. STERNHEIM: Your Honor, may I take the seat 13 A. I'm not exactly sure when, sir. 14 closest? 14 Q. At some point during the voir dire, did you take an oath to 15 THE DEFENDANT: Yes, come on down. 15 tell the truth, the whole truth, and nothing but the truth? 16 CATHERINE M. CONRAD, 16 A. Probably, yes, sir. 17 called as a witness by the defendant, 17 Q. You didn't do that, did you? 18 having been duly sworn, testified as follows: 18 A. There were omissions, yes, sir. 19 THE COURT: Would you take a seat and state your full 19 Q. There were omissions in your testimony, is that correct? 20 name and spell your name slowly for the court reporter. 20 A. Yes, sir. 21 THE WITNESS: Catherine with a C,C-A-T-H-E-R-I-N-E, 21 Q. There were lies in your testimony, were there not? 22 Conrad, C-O-N-R-A-D. 22 A. Yes, sir. 23 THE COURT: Mr. Gair, you may inquire. 23 Q. So you didn't tell the truth, the whole truth, and nothing 24 DIRECT EXAMINATION 24 but the truth, isn't that correct? 25 BY MR. GAIR: 25 A. Yes, sir. C2frdau3 Conrad - direct Page 104 C2frdau3 Conrad - direct Page 102 Page 103 1 Q. Ms. Conrad, the oath that you just took, is that the same 1 Q. Today did you call the chambers of Judge Pauley at about 10 2 oath that you took to tell the truth in voir dire on March 1st 2 minutes to 8:00 this morning? 3 of 2011 in this case? 3 A. Yes, sir. 4 A. Upon advice of my counsel, I plead the Fifth. Thank you. 4 Q. Did you inform the deputy clerk in Judge Pauley's chambers 5 Q. On March 1st and 2nd of 2011, were you present in this 5 that you would not be coming to court today? 6 courtroom for the trial of United States v. Daugerdas? 6 A. Yes, sir. 7 A. Upon advice of my counsel, I plead the Fifth. Thank you. 7 (Continued on next page) 8 Q. Let me ask you one more question. Is it your intention to 8 9 assert your Fifth Amendment privilege to any question that I 9 10 ask you concerning your service in United States v. Daugerdas? 10 11 A. Yes, sir. 11 12 MR. GAIR: Your Honor? 12 13 THE COURT: Does the government have an application at 13 14 this time, Mr. Okula? 14 15 MR. OKULA: We do, your Honor. We have submitted to 15 16 your Honor papers applying for an immunity order, and we 16 17 respectfully ask that your Honor sign that order. 17 18 THE COURT: Ms. Conrad, in view of your assertion of 18 19 the Fifth Amendment privilege, I have signed just now an order 19 20 granting you immunity, that is, use immunity, with respect to 20 21 your testimony in this proceeding. 21 22 You may proceed, Mr. Gair. 22 23 BY MR. GAIR: 23 24 Q. Do you understand, Ms. Conrad, that given the grant of use 24 25 immunity, you are required to answer appropriate questions in 25 Page 101 - Page 104 (26) SOUTHERN DISTRICT REPORTERS --- PAGE BREAK --- Case 1:20-cv-00338-PAE Document 616-1 Filed 02/24/22 Page 24 of 67 A-5639 UNITED STATES OF AMERICA, v PAUL M. DAUGERDAS, ET AL., February 15, 2012 C2FFDAU4 Conrad - direct Page 117 C2FFDAU4 Conrad - direct Page 119 1 was crazy talk? 1 A. I can't dispute if you're reading from the transcript, sir. 2 MR. OKULA: Objection. 2 So -- 3 A. No, I'm not a psychologist. 3 Q. I'm asking if you remember saying it. 4 THE COURT: Sustained. 4 A. If you're reading from the transcript then I said it. It 5 Q. Can you explain the connection, if any, between what you 5 doesn't matter, I guess, if I remember it or not. But I recall 6 said about Judge Pauley receiving another Clinton appointment 6 that. 7 and the matters that were going to be discussed? 7 Q. You do recall? 8 A. No. 8 A. Vaguely. 9 Q. And did you have any special insight when you said "it's 9 Q. Now, would you agree with me in your career as a lawyer 10 not going to happen" that Judge Pauley would not receive 10 that it is an uncommon response for a person ordered by a judge 11 another appointment? 11 to appear in court to testify to say no, I'm not going to do 12 A. No. 12 that? 13 Q. Now, when you came to the hearing on December 20th, did you 13 MR. OKULA: Objection, your Honor. 14 understand that you had been compelled to come to that hearing 14 THE COURT: Overruled. 15 by having an order served on you at your home? 15 A. Could you please repeat the question? 16 A. Yes, I had a subpoena served upon me. 16 Q. Based on your experience as a lawyer, would you agree with 17 Q. By two deputy U.S. marshals, correct? 17 me that your conduct in responding to the judge's instructions 18 A. I believe so, yes. 18 by saying you were not going to appear was unusual? 19 Q. And you understood that you had to obey that order, 19 A. I'm not a psychologist. I don't know. I don't know how to 20 correct? 20 answer you, sir. 21 A. Yes, sir. 21 Q. Well, you are a lawyer, correct? 22 Q. And you understood that you couldn't leave, correct, till 22 A. No. I was. 23 Judge Pauley told you you could leave? 23 Q. Have you been disbarred? 24 A. I don't really know what that means. 24 A. No. 25 Q. Well, do you remember telling the deputy clerk at that time 25 Q. So you're a suspended lawyer? C2FFDAU4 Conrad - direct Page 118 C2FFDAU4 Conrad - direct Page 120 1 that your time was being wasted and you were going to walk out 1 A. Correct. 2 of the courtroom? 2 Q. You had legal training? 3 A. No, I don't. 3 A. Yes. We went to law school. 4 Q. Did you do that? 4 Q. How many times have you ever heard a person ordered by a 5 A. If I told you I don't remember, how can you ask me the next 5 judge to appear and testify say "I'm not going to"? 6 question? 6 A. I have no idea. 7 Q. Did Judge Pauley explain to you at that hearing you're 7 Q. It might happen all the time? 8 ordered to appear as a witness at a hearing on February 15th 8 A. I don't know how to answer your question, sir. 9 concerning your role as a juror in United States v. Daugerdas? 9 Q. Would you agree that that is not -- to tell a federal 10 A. I don't specifically recall him. 10 judge, and I quote, "I'm not showing up" when you've been 11 Q. Do you recall something like that? 11 ordered to show up is conduct that is not rational? 12 A. Yes, sir. 12 A. I am not a psychologist. I am not part of the disciplinary 13 Q. And do you recall that your response, or do you recall that 13 committee, so I don't know how to answer your question, sir. 14 later in that hearing he told you again you're going to have to 14 Q. Do you know what the word "rational" means? 15 testify at a hearing. Do you recall that? 15 A. I'm not a psychologist. There are variations that are 16 A. Not specifically, no. 16 shades of gray. 17 Q. Do you recall that your initial response to being told that 17 Q. Have you ever been treated for a mental illness? 18 you had to appear at a hearing is to say, "No, I don't. No, 18 A. I'm not going to answer this. 19 no, no"? 19 THE COURT: You are directed to answer it. 20 A. If you're reading from the transcript, then that's what I 20 A. No. 21 said, sir. 21 Q. Ma'am, has anybody ever told you that you suffer from 22 Q. And do you recall that when the Judge gave you instructions 22 bipolar disorder? 23 about retaining a lawyer you said, and I quote, "For what? I'm 23 A. Not at all. 24 no, I'm not. I'm not going to court for anything. I'm not 24 Q. What medications do you take? 25 testifying for anything, sir." Do you remember saying that? 25 A. Water. Page 117 - Page 120 (30) SOUTHERN DISTRICT REPORTERS DOJ-OGR-00009243