Case#: 1:06-cr-00603-AJN Document#: 64432 Filed: 08/22/17 Page#: 217 of 330 A-5812
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C2GFDAU3 Edelstein - redirect
1 A. Yes.
2 THE COURT: Mr. Schectman?
3 MR. SCHECTMAN: And I take it because you thought it
4 was in conceivable that this was the same person.
5 THE WITNESS: That's right.
6 THE COURT: Anything further, Mr. Okula?
7 MR. OKULA: Nothing, thank you, your honor.
8 MS. DAVIS: Just one housekeeping matter, your Honor?
9 THE COURT: We don't need housekeeping.
10 MS. DAVIS: It's in regard to one of the exhibits we
11 want to move into evidence.
12 THE COURT: Let's complete the inquiry, Ms. Davis,
13 that's the way it proceeds. I have a few questions for the
14 witness.
15 MS. DAVIS: I apologize, your Honor.
16 THE COURT: Ms. Edelstein, I want to put a question to
17 you that I put to Ms. Brune. Focusing on the July 21 letter to
18 the Court, would your law firm have disclosed the information
19 set forth in that letter and the investigation of Juror No. 1
20 if the Court had not inquired or the government failed to raise
21 the waiver issue?
22 THE WITNESS: I think by that point, I mean, I think
23 yes, that we had thought that it would come out at some point
24 during --
25 (Continued next page)
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010095
Full Text
Case#: 1:06-cr-00603-AJN Document#: 64432 Filed: 08/22/17 Page#: 217 of 330 A-5812
355
C2GFDAU3 Edelstein - redirect
1 A. Yes.
2 THE COURT: Mr. Schectman?
3 MR. SCHECTMAN: And I take it because you thought it
4 was in conceivable that this was the same person.
5 THE WITNESS: That's right.
6 THE COURT: Anything further, Mr. Okula?
7 MR. OKULA: Nothing, thank you, your honor.
8 MS. DAVIS: Just one housekeeping matter, your Honor?
9 THE COURT: We don't need housekeeping.
10 MS. DAVIS: It's in regard to one of the exhibits we
11 want to move into evidence.
12 THE COURT: Let's complete the inquiry, Ms. Davis,
13 that's the way it proceeds. I have a few questions for the
14 witness.
15 MS. DAVIS: I apologize, your Honor.
16 THE COURT: Ms. Edelstein, I want to put a question to
17 you that I put to Ms. Brune. Focusing on the July 21 letter to
18 the Court, would your law firm have disclosed the information
19 set forth in that letter and the investigation of Juror No. 1
20 if the Court had not inquired or the government failed to raise
21 the waiver issue?
22 THE WITNESS: I think by that point, I mean, I think
23 yes, that we had thought that it would come out at some point
24 during --
25 (Continued next page)
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010095
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Case No. 2021-033838-A No. Document 64432 Filed 03/21/22 Page 2136 of 3080 A-5811
354
C2GFDAU3 Edelstein - cross
1 A. We didn't know that Juror No. 1 was the suspended lawyer
2 and we didn't know we had a motion.
3 Q. Any discussion of raising it as an appellate issue?
4 A. No.
5 Q. And why not?
6 A. For the same reasons. We didn't know that Juror No. 1 was
7 the suspended lawyer.
8 MR. SCHECTMAN: No further questions, your Honor.
9 THE COURT: Mr. Okula?
10 MR. OKULA: I'm waiting for the defense, but I see
11 absence from here. May I ask one or two questions from here,
12 your Honor?
13 THE COURT: You may.
14 REDIRECT EXAMINATION
15 BY MR. OKULA:
16 Q. Do I understand you to just testify that you specifically
17 discussed with Susan Brune and Theresa Trzaskoma in the park
18 about whether you were going to bring it to the Court's
19 attention or not?
20 A. Yes.
21 Q. And you decided you would not?
22 A. Yes.
23 Q. And the ultimate decision of that discussion was that you
24 were going to call it off and not even do an investigation,
25 right?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010094
Individual Pages
Page 217 - DOJ-OGR-00010095
Page 2136 - DOJ-OGR-00010094
Case No. 2021-033838-A No. Document 64432 Filed 03/21/22 Page 2136 of 3080 A-5811
354
C2GFDAU3 Edelstein - cross
1 A. We didn't know that Juror No. 1 was the suspended lawyer
2 and we didn't know we had a motion.
3 Q. Any discussion of raising it as an appellate issue?
4 A. No.
5 Q. And why not?
6 A. For the same reasons. We didn't know that Juror No. 1 was
7 the suspended lawyer.
8 MR. SCHECTMAN: No further questions, your Honor.
9 THE COURT: Mr. Okula?
10 MR. OKULA: I'm waiting for the defense, but I see
11 absence from here. May I ask one or two questions from here,
12 your Honor?
13 THE COURT: You may.
14 REDIRECT EXAMINATION
15 BY MR. OKULA:
16 Q. Do I understand you to just testify that you specifically
17 discussed with Susan Brune and Theresa Trzaskoma in the park
18 about whether you were going to bring it to the Court's
19 attention or not?
20 A. Yes.
21 Q. And you decided you would not?
22 A. Yes.
23 Q. And the ultimate decision of that discussion was that you
24 were going to call it off and not even do an investigation,
25 right?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010094