Full Text
C2GFDAU3 Edelstein 343
1 Q. Who initiated that discussion?
2 A. I can't recall who initiated it. I think Susan and I were
3 discussing the brief and how we should structure it, and --
4 Q. Stop right there. Did that conversation occur before or
5 after you received the draft of the brief from Theresa
6 Trzaskoma?
7 A. Before.
8 Q. So you and Susan Brune then specifically discussed about
9 what you should say about your level of knowledge before you
10 received the note, is that correct?
11 A. Yes.
12 Q. And what was the ultimate decision that was made?
13 A. Well, after some discussion and then reviewing the case law
14 about the state of knowledge involved regarding the juror
15 misconduct issue and potential waiver, and seeing that actual
16 knowledge was the standard, we decided that the fact that we
17 knew that there was a suspended lawyer with the same name, we
18 did need to address that in the brief and that the focus of the
19 brief was to be on whether they were the same person, because
20 at that point I wasn't even sure they were the same person and
21 trying to convince everyone else they were the same person. I
22 didn't think people were going to actually believe us.
23 Q. You ultimately edited the fact section of the brief,
24 correct?
25 A. Yes.
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