Document 6988

CaSe2:20-cr-00880-PA Document 6988 Filed 10/09/21 Page 310 of 623 L9L5ber1 1 lastly, I made the note, make sure there are no questions 2 regarding jury selection now that you have been to the 3 walk-through in the jury selection room where selection will 4 take place. 5 So, let me ask, everybody received the voir dire with 6 the noted changes? 7 MR. HOBSON: Yes, your Honor. We did. 8 THE COURT: Nothing additional, Mr. Hobson? 9 MR. HOBSON: Nothing additional. 10 MR. DeMARCO: Yes, your Honor; and nothing additional. 11 THE COURT: Thank you. 12 Any additional plea offers that I need to allocute on? 13 MR. HOBSON: No additional plea offers have been 14 extended, your Honor. 15 THE COURT: OK. And then let me confirm if anybody 16 has any questions about jury selections. To repeat the basic 17 process, I will qualify 33 potential jurors that represents 12 18 jurors and three alternates, 10 peremptories as to the main 19 panel for the defense, six peremptories for the government, one 20 peremptory per side with respect to the alternates. And the 21 way that we are operating under the COVID protocols, the jury 22 department will, after the jury panel members are checked in, 23 they'll be randomly assigned a number consistent with a list 24 that the jury department generates, they will be seated in that 25 numerical order in the jury selection room. I understand 1 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011118 --- PAGE BREAK --- through 42 will be in the main jury selection room and then 43 through, I believe 82 -- we will get the final number once we see what the return on the summons is -- will be seated in courtroom 9C also at 500 Pearl, with a live feed to 9C of everything taking place in the jury assembly room. I will make preliminary instructions which you have seen after you and I enter the courtroom. The panel members will be seated at that point. I will make my preliminary remarks, the written questionnaire that the jurors can read along with will be handed out at that point, both in the jury assembly room and in 9C simultaneously through court staff. I will instruct the jurors not to write anything on the questionnaire with the exception of circling a number if they have a "yes" response to that question as I read through the questionnaire. So, at that point I will turn to panel member juror no. 1 and go through and read the questionnaire getting "yes" or "no" response to each question. If the answer is "yes" following up as appropriate. To the extent that the matters touched upon could influence other jurors or are of a sensitive nature, we will bring that juror over to the plexiglass area to my right in the jury assembly room, there is markings on the floor where folks stand and the noise machine will be on so that others cannot hear, and I will inquire with the juror as to any necessary follow-up. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- CaSase2D20-00808RAEJN DDoocumenn6988 Filed 10/09/21 PAgge511 of 623 5 L9IL5ber1 1 Once we get through, assuming we get through juror no. 1 without any for-cause issues, I will turn to juror no. 2 and say do you have any "yes" responses? And then we will take those in order as they come. 5 If any juror needs to be dismissed for cause, let's say juror no. 2 needs to be dismissed for cause, then we will proceed with the same process with juror no. 3. Any "yes" questions, taking those one at a time, continuing until we have 33 qualified jurors. 10 Once we have 33 qualified jurors you will exercise your peremptory strikes by list and simultaneously, that is, each side will produce a list with the government's six strikes as to the main panel and one strike as to the alternate panel, and the defense will write its list with 10 strikes as to the main panel and one strike as to the alternate panel. 15 Obviously, before anyone is dismissed, I will hear from counsel if any applications or issues need to be raised if you are satisfied with our jury. Once we get there we will read the names of the selected jurors, dismiss to the jury department the unused jurors, and then proceed over back across the street over here. I believe what we will do is have Ms. Williams take the jurors to the jury room, which is an outfitted courtroom so they can put their belongings down, she can give them notebook and pen, bring them back in. At that point she will swear the jury and I will give preliminary instructions and opening 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011120 --- PAGE BREAK --- Case2:20-cr-00808-RGK Document 6988 Filed 10/06/21 Page 815 of 623 L9L5ber1 paralegals, I will ask each of you to stand as I say your name so that the jurors can see you, the panelists can see you. So, I will note Mr. Schneider is part of the team but not present today and may not be present every day of the trial. Appropriate, Mr. DeMarco? MR. DeMARCO: Yes, Judge. THE COURT: OK. So Jesus Ortiz is the pronunciation. How about, Mr. Hobson, how do I pronounce no. Q? MR. HOBSON: I believe, your Honor, it is Vyacheslav, and the last name is Polosin. THE COURT: Vyacheslav Polosin. OK. Special Agent Stefano Braccini? MR. HOBSON: And he is in the courtroom. THE COURT: OK. I think that's it. Other issues to take up? MR. HOBSON: I don't think so, your Honor. THE COURT: Mr. DeMarco? MR. DeMARCO: No, your Honor. Not now. Judge, how much time do we have before we walk over? Maybe we could use this time efficiently, because I do have -- I raised with the government an issue I was going to raise with their first witness so you tell me. THE COURT: I was told around between 10:00 and 10:30 but we won't know until they actually call over so I'm happy to use the time and if we get the call, we will pause. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011123 --- PAGE BREAK --- CaSase2D20-00880RPAEJ DN Dooouemne6t9688 Filed 10/06/21 PaBggeo1f04 o#623 L9L5ber1 1 I should say, of course, once we are in the courtroom 2 then counsel in the plexiglass box with the HEPA filter will be 3 able to remove their mask for questioning, and to the extent 4 outside of the jury we have argument or the like, we can do 5 that in there to aid that that process. 6 It's Ms. Ulerio, Mayerlin, am I saying that correctly? 7 MS. ULERIO: Yes. 8 THE COURT: And you have another paralegal Dylan 9 Schneider who may be here? 10 MR. DeMARCO: Yes, your Honor, but he won't be with us 11 in court. 12 THE COURT: And what about Jeremy Schneider? 13 MR. DeMARCO: He is unable to be with us. 14 THE COURT: He won't be at trial at any point? 15 MR. DeMARCO: No. I don't expect him to be here. 16 THE COURT: Should I include him in the voir dire just 17 in case. 18 MR. DeMARCO: I think you should, Judge, because his 19 name might come up and I just can't see how or where or under 20 what scenario. But, just to be safe. 21 MR. HOBSON: His name is on the stipulations, so maybe 22 to be safe. 23 THE COURT: Just to note, when I do introduce counsel 24 for purposes of the voir dire, and Mr. Bercy, and the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300