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Document A-5742

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C2GFDAU1 Brune - direct 285 1 them to do, I believe. 2 Q. And that would have included working late at night, 3 correct? 4 A. That is for sure. 5 Q. And you were present in court when the judge had to restart 6 jury deliberations the next week, correct? 7 A. Yes. 8 Q. Because of a juror's illness, correct, or health condition? 9 A. Was that when Mr. Rosenbaum had to leave? 10 Q. Correct. 11 A. Yes. 12 Q. And there were still alternates left at that point in time, 13 correct? 14 A. There were. 15 Q. More than one? 16 A. There were a whole row of alternates. I don't know how 17 many, but at least four. 18 Q. Exactly. Did you think at that point in time that you 19 might want to raise with the Court, hey, there's this issue out 20 here, we don't know one way or the other, but it's important so 21 wouldn't you like to know? 22 A. I did not believe there was an issue. Had I believed there 23 was one, I would have raised it immediately with the Court. I 24 certainly is not a benefit that I waited until Mr. Rosenbaum 25 had taken ill. If I believed it was so, I would have let the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:20-cr-00338-PAE Document 1616220 Filed 02/24/22 Page 578 of 130 A-5742 285 C2GFDAU1 Brune - direct 1 them to do, I believe. 2 Q. And that would have included working late at night, 3 correct? 4 A. That is for sure. 5 Q. And you were present in court when the judge had to restart 6 jury deliberations the next week, correct? 7 A. Yes. 8 Q. Because of a juror's illness, correct, or health condition? 9 A. Was that when Mr. Rosenbaum had to leave? 10 Q. Correct. 11 A. Yes. 12 Q. And there were still alternates left at that point in time, 13 correct? 14 A. There were. 15 Q. More than one? 16 A. There were a whole row of alternates. I don't know how 17 many, but at least four. 18 Q. Exactly. Did you think at that point in time that you 19 might want to raise with the Court, hey, there's this issue out 20 here, we don't know one way or the other, but it's important so 21 wouldn't you like to know? 22 A. I did not believe there was an issue. Had I believed there 23 was one, I would have raised it immediately with the Court. I 24 certainly is not a benefit that I waited until Mr. Rosenbaum 25 had taken ill. If I believed it was so, I would have let the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009346

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Page 285 - DOJ-OGR-00010025
C2GFDAU1 Brune - direct 285 1 them to do, I believe. 2 Q. And that would have included working late at night, 3 correct? 4 A. That is for sure. 5 Q. And you were present in court when the judge had to restart 6 jury deliberations the next week, correct? 7 A. Yes. 8 Q. Because of a juror's illness, correct, or health condition? 9 A. Was that when Mr. Rosenbaum had to leave? 10 Q. Correct. 11 A. Yes. 12 Q. And there were still alternates left at that point in time, 13 correct? 14 A. There were. 15 Q. More than one? 16 A. There were a whole row of alternates. I don't know how 17 many, but at least four. 18 Q. Exactly. Did you think at that point in time that you 19 might want to raise with the Court, hey, there's this issue out 20 here, we don't know one way or the other, but it's important so 21 wouldn't you like to know? 22 A. I did not believe there was an issue. Had I believed there 23 was one, I would have raised it immediately with the Court. I 24 certainly is not a benefit that I waited until Mr. Rosenbaum 25 had taken ill. If I believed it was so, I would have let the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
Page 578 - DOJ-OGR-00009346
Case 1:20-cr-00338-PAE Document 1616220 Filed 02/24/22 Page 578 of 130 A-5742 285 C2GFDAU1 Brune - direct 1 them to do, I believe. 2 Q. And that would have included working late at night, 3 correct? 4 A. That is for sure. 5 Q. And you were present in court when the judge had to restart 6 jury deliberations the next week, correct? 7 A. Yes. 8 Q. Because of a juror's illness, correct, or health condition? 9 A. Was that when Mr. Rosenbaum had to leave? 10 Q. Correct. 11 A. Yes. 12 Q. And there were still alternates left at that point in time, 13 correct? 14 A. There were. 15 Q. More than one? 16 A. There were a whole row of alternates. I don't know how 17 many, but at least four. 18 Q. Exactly. Did you think at that point in time that you 19 might want to raise with the Court, hey, there's this issue out 20 here, we don't know one way or the other, but it's important so 21 wouldn't you like to know? 22 A. I did not believe there was an issue. Had I believed there 23 was one, I would have raised it immediately with the Court. I 24 certainly is not a benefit that I waited until Mr. Rosenbaum 25 had taken ill. If I believed it was so, I would have let the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009346