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C2grdau4 Berke - direct 368
1 Q. Whom did you and your firm represent?
2 A. We represented Craig Brubaker.
3 Q. Let me direct your attention to May 11th of 2011. Did the
4 Court that afternoon read a note from Juror No. 1, Catherine
5 Conrad?
6 A. I recall that.
7 Q. Do you recall the subject matter of that note?
8 A. I recall generally that there was a note from Juror 1
9 asking whether the judge was going to instruct I believe on
10 respondeat superior. I think there were some other things, but
11 I recall that to be the overall gist of the note, as I recall
12 it.
13 Q. Do you know a lawyer named Susan Brune?
14 A. I do.
15 Q. How do you know her?
16 A. I've known Ms. Brune for a long time. I can tell you the
17 background, but I certainly know her as counsel for David Farse
18 in this action.
19 Q. Sometime after the judge's reading of that note from Juror
20 No. 1, did you speak to Ms. Brune about Ms. Conrad?
21 A. I did. I'll tell you what I recall. I recall that after
22 we heard the note that day, I believe it was the following
23 day -- although I can't say that with a hundred percent
24 certainty, it could have been the day after that -- I recall
25 being in the witness room in the back, which we used and had
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010108