Document 6162/20

Case 1:20-cr-00336-PAE Document 6162/20 Filed 08/24/22 Page 33 of 130 A-5718 261 C2GFDAU1 Brune - direct 1 Q. All right. Well, let's talk about the pre voir dire stage. 2 Now, your firm received the juror list from the juror clerk, 3 correct? 4 A. That's my understanding, yes. 5 Q. And your team analyzed it and other information that you 6 all had gathered at that point, correct? 7 A. I think what happened, and I wasn't as close to it as 8 others, is that we received the questionnaires together with 9 the jury list and then started kind of focusing on the 10 questionnaires. But I agree with you that we received both. 11 Q. And the Nardello firm provided to you the results of the 12 research that it was asked to do prior to the start of voir 13 dire, correct? 14 A. That's right. 15 Q. Now, you conceded in your papers that you had in your 16 possession the 2010 suspension opinion related to Catherine M. 17 Conrad prior to the start of voir dire, correct? 18 A. I certainly said that and it's so. 19 Q. And in fact, Theresa Trzaskoma told you and showed you that 20 opinion prior to the start of voir dire, correct? 21 A. I don't think it was prior to the start of voir dire, but 22 it was in the morning before court, maybe some point mid-voir 23 dire, and I don't know that she showed it to me, but we 24 certainly discussed it in the presence of Dennis Donahue, the 25 jury consultant. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009322 --- PAGE BREAK --- Case 1:20-cr-00336-PAE Document 6162 Filed 08/24/22 Page 81 of 130 A-5766 C2grdau2 Brune - direct 309 1 MR. SHECHTMAN: I do, your Honor. Would it be an appropriate time to take a short break? 2 THE COURT: Yes, it would be. 3 MS. DAVIS: I apologize, your Honor. I lost track of 4 the time. 5 6 THE COURT: It's all right. We'll take a ten-minute 7 recess and resume. 8 (Recess) 9 THE COURT: Mr. Shechtman, you may inquire. 10 MR. SHECHTMAN: Thank you, Judge. 11 CROSS-EXAMINATION 12 BY MR. SHECHTMAN: 13 Q. Ms. Brune, when your firm exercised its challenges for 14 cause and its peremptory challenges, did you believe Catherine 15 Conrad, Juror No. 1, was a suspended lawyer? 16 A. No. 17 Q. Why not? 18 A. During the voir dire we believed that her sworn responses 19 to Judge Pauley's questions ruled that out. 20 Q. If you had believed that she was a suspended lawyer, indeed 21 a suspended lawyer with an alcohol dependency, would you have 22 wanted her on the jury? 23 A. No. 24 Q. Why not? 25 A. First of all, the case involved lawyers, and I think that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009370 --- PAGE BREAK --- Case 1:20-cr-00336-PAE Document 6162/20 Filed 08/24/22 Page 84 of 130 A-5769 C2grdau2 Brune - cross 312 1 REDIRECT EXAMINATION 2 BY MR. DAVIS: 3 Q. Do you have Government Exhibit 28 in front of you, Ms. 4 Brune? 5 A. I might. Is it in one of these binders? 6 Q. It should be. If not, we will certainly get you a copy. 7 A. Let me look. 8 Q. I think it might be in the folders. 9 A. There is a tab that says 28. Let me take a look. 10 Q. I don't know if those are the defense or the government 11 exhibits. 12 A. This is probably not it. I have it. 13 Q. Do you recognize that document? 14 A. I do indeed. 15 Q. It's your July 21st letter at the Court, correct? 16 A. That's correct. 17 MR. DAVIS: Your Honor, the government moves to admit 18 Government Exhibit 28. 19 THE COURT: Any objection? 20 MR. SHECHTMAN: No objection. 21 THE COURT: Government Exhibit 28 is received in 22 evidence. 23 (Government's Exhibit 28 received in evidence) 24 Q. If you could, Ms. Brune, turn to the Westlaw report that is 25 attached as an exhibit. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009373