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Case 1:20-cr-00338-PAE Document 1616630 Filed 02/24/22 Page 10 of 117 A-5825 C2rdau4 Berke - direct 368 1 Q. Whom did you and your firm represent? 2 A. We represented Craig Brubaker. 3 Q. Let me direct your attention to May 11th of 2011. Did the 4 Court that afternoon read a note from Juror No. 1, Catherine 5 Conrad? 6 A. I recall that. 7 Q. Do you recall the subject matter of that note? 8 A. I recall generally that there was a note from Juror 1 9 asking whether the judge was going to instruct I believe on 10 respondeat superior. I think there were some other things, but 11 I recall that to be the overall gist of the note, as I recall 12 it. 13 Q. Do you know a lawyer named Susan Brune? 14 A. I do. 15 Q. How do you know her? 16 A. I've known Ms. Brune for a long time. I can tell you the 17 background, but I certainly know her as counsel for David Farse 18 in this action. 19 Q. Sometime after the judge's reading of that note from Juror 20 No. 1, did you speak to Ms. Brune about Ms. Conrad? 21 A. I did. I'll tell you what I recall. I recall that after 22 we heard the note that day, I believe it was the following 23 day -- although I can't say that with a hundred percent 24 certainty, it could have been the day after that -- I recall 25 being in the witness room in the back, which we used and had SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009429