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Document A-5734

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Case 1:20-cr-00338-PAE Document 161 Filed 02/24/22 Page 48 of 130 A-5734 277 C2GFDAU1 Brune - direct 1 A. I noticed that, yes. 2 Q. And you saw nothing that caused you concern about her 3 demeanor or behavior during the trial, correct? 4 A. No. To the contrary, she seemed to be who she had 5 presented herself to be. 6 Q. You in fact did not raise any concerns with the Court at 7 any point during trial about her behavior as a juror? 8 A. No, I saw no cause for concern. 9 Q. Now, you were also present for the process leading up to 10 jury deliberations, correct? 11 A. When you say the process, I'm sorry. 12 Q. I'll withdraw the question. You were present in court when 13 Juror No. 1 sent I think a note, I think it might have been 14 marked as Court Exhibit 3, prior to the start of jury 15 deliberations, correct? 16 A. I was present in court, although I don't think I knew at 17 that point what -- because I think what happened, I may be 18 getting it a little wrong, but on May 10th, judging from the 19 date on the note, she sent the note and then I recollect that 20 Judge Pauley disclosed the note after all counsel had summed up 21 and my recollection was that he did that because he didn't 22 think it was fair to provide the note in the middle of 23 summations. So he must have received it somewhere along the 24 middle of the summations. 25 Q. And you were present when the judge read the note to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009338 --- PAGE BREAK --- C2GFDAU1 Brune - direct 277 1 A. I noticed that, yes. 2 Q. And you saw nothing that caused you concern about her 3 demeanor or behavior during the trial, correct? 4 A. No. To the contrary, she seemed to be who she had 5 presented herself to be. 6 Q. You in fact did not raise any concerns with the Court at 7 any point during trial about her behavior as a juror? 8 A. No, I saw no cause for concern. 9 Q. Now, you were also present for the process leading up to 10 jury deliberations, correct? 11 A. When you say the process, I'm sorry. 12 Q. I'll withdraw the question. You were present in court when 13 Juror No. 1 sent I think a note, I think it might have been 14 marked as Court Exhibit 3, prior to the start of jury 15 deliberations, correct? 16 A. I was present in court, although I don't think I knew at 17 that point what -- because I think what happened, I may be 18 getting it a little wrong, but on May 10th, judging from the 19 date on the note, she sent the note and then I recollect that 20 Judge Pauley disclosed the note after all counsel had summed up 21 and my recollection was that he did that because he didn't 22 think it was fair to provide the note in the middle of 23 summations. So he must have received it somewhere along the 24 middle of the summations. 25 Q. And you were present when the judge read the note to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

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Page 48 - DOJ-OGR-00009338
Case 1:20-cr-00338-PAE Document 161 Filed 02/24/22 Page 48 of 130 A-5734 277 C2GFDAU1 Brune - direct 1 A. I noticed that, yes. 2 Q. And you saw nothing that caused you concern about her 3 demeanor or behavior during the trial, correct? 4 A. No. To the contrary, she seemed to be who she had 5 presented herself to be. 6 Q. You in fact did not raise any concerns with the Court at 7 any point during trial about her behavior as a juror? 8 A. No, I saw no cause for concern. 9 Q. Now, you were also present for the process leading up to 10 jury deliberations, correct? 11 A. When you say the process, I'm sorry. 12 Q. I'll withdraw the question. You were present in court when 13 Juror No. 1 sent I think a note, I think it might have been 14 marked as Court Exhibit 3, prior to the start of jury 15 deliberations, correct? 16 A. I was present in court, although I don't think I knew at 17 that point what -- because I think what happened, I may be 18 getting it a little wrong, but on May 10th, judging from the 19 date on the note, she sent the note and then I recollect that 20 Judge Pauley disclosed the note after all counsel had summed up 21 and my recollection was that he did that because he didn't 22 think it was fair to provide the note in the middle of 23 summations. So he must have received it somewhere along the 24 middle of the summations. 25 Q. And you were present when the judge read the note to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009338
Page 277 - DOJ-OGR-00010017
C2GFDAU1 Brune - direct 277 1 A. I noticed that, yes. 2 Q. And you saw nothing that caused you concern about her 3 demeanor or behavior during the trial, correct? 4 A. No. To the contrary, she seemed to be who she had 5 presented herself to be. 6 Q. You in fact did not raise any concerns with the Court at 7 any point during trial about her behavior as a juror? 8 A. No, I saw no cause for concern. 9 Q. Now, you were also present for the process leading up to 10 jury deliberations, correct? 11 A. When you say the process, I'm sorry. 12 Q. I'll withdraw the question. You were present in court when 13 Juror No. 1 sent I think a note, I think it might have been 14 marked as Court Exhibit 3, prior to the start of jury 15 deliberations, correct? 16 A. I was present in court, although I don't think I knew at 17 that point what -- because I think what happened, I may be 18 getting it a little wrong, but on May 10th, judging from the 19 date on the note, she sent the note and then I recollect that 20 Judge Pauley disclosed the note after all counsel had summed up 21 and my recollection was that he did that because he didn't 22 think it was fair to provide the note in the middle of 23 summations. So he must have received it somewhere along the 24 middle of the summations. 25 Q. And you were present when the judge read the note to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300