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C2grdau2 Brune - direct 300
1 It's a simple question.
2 A. The standard under McDonough is actual knowledge. We
3 didn't know. I don't think it is material to the legal
4 analysis. That having been said, I think if we had to do it
5 over again, the equivalent of the July 21st letter should have
6 been submitted alongside the brief. I missed the issue of what
7 the government's position was going to be.
8 Q. You're familiar, are you not, Ms. Brune, with the cases
9 subsequent to McDonough that have held that full knowledge is
10 not required, that defense counsel has an obligation to bring
11 potential misconduct to the Court's attention so that the court
12 can deal with it, correct?
13 A. I've certainly read a lot more of the waiver cases since
14 this whole issue has been joined. As an ethical matter,
15 though, the standard is if the lawyer has actual knowledge of
16 juror misconduct. We did not have actual knowledge of juror
17 misconduct. Indeed, we believed, erroneously it now appears
18 for certain, there was no juror misconduct.
19 Q. I wasn't asking about the New York ethical rule that I
20 think you're referring to, Ms. Brune.
21 A. I'm sorry. If you asked me about an ethical matter, that's
22 my understanding.
23 Q. I'll withdraw the question. You acknowledged in that July
24 22nd telephone call that you, your firm, or defendant Parse,
25 was differently situated than other defendants, correct?
SOUTHERN DISTRICT REPORTERS, P.C.
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