Page 14 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

(

occasion.
receipt of

R.23-24.
[post-trial] hearing."
texted description of
website Syracuse.com -
unfitness to have served.
R.2E.
defense witness, was herself
The cumulative effect of

to hold that the facts about Juror 12'
c) took aim at a key defense witness.
emerged, Juror 12 had erased "scores of
9

an enigmatic "see no evil, speak no evil, hear no evil" emoticon.
she had communicated with third parties or accessed the internet.
which was covering the trial extensively -

R.23.
which Juror 12 did not demur; her apparent acceptance and adoption of
rise to an inescapable inference that she knew the texts were prejudicial.
Mr. Neulander as "the scary man," R.21; and a text
As it later
In addition, cookies later retrieved from
Juror 12's cell phone demonstrated that, during the trial, she accessed the news
s misconduct "were not controverted at the
her father's admonition via text to "[m]ake sure he's guilty!," R.2C, to
Thus, texts that Juror 12 received during trial, inter alia, (a) urged that Mr.
a friend's
messages or parts thereof," R.2D, giving
on at least one
She also
conversation with a friend who strongly suggested that Jenna Neulander, a crucial
Neulander be convicted; (b) prejudicially maligned Mr. Neulander as "scary"; and
guilty, to which Juror 12's only response was to send
Juror 12 then lied to the court during trial when she denied in chambers that
Juror 12's most significant dishonest acts include: her
Juror 12's multiple dishonest acts demonstrates her
We note that the Fourth Department majority was careful