Page 15 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

because of
given a good
instructions."
related to the case.
R.2D.
The precepts of

deleted the whole history of
indicator that a juror is biased -

10
McDonough, and require an opposite result.
not post articles about cheerleading that day.
confirmed that she had accessed the website of

unequivocally, and falsely, in a post-trial affidavit that:
R.24 & n.6.
faith but inaccurate response during voir dire.
circumstances, the Court held that: "To invalidate the result of

In these
Nothing could have been further from the truth.
but the facts here are in direct contrast to
the trial and throughout the deliberative process I followed Judge Miller's
Despite these numerous transgressions during the trial, Juror 12 swore
As the
been reading an internet article about cheerleading on the one day when it was
Fourth Department held, Juror 12's sworn statement was "patently untruthful."
a strong implication that she engaged in more than one improper internet search
Syracuse.com; Syracuse.com did
a three-week trial
"At all times throughout
the McDonough decision apply with full force in this case -
Juror 12 again lied when she testified at a post-trial hearing that she had probably
a juror's mistaken, though honest response to a question, is to insist on
her web browsing during the trial, which gives rise to
In McDonough, the Court held that a
Id.
that honesty is the best indicator that a juror is impartial, and dishonesty is the best
new trial was not required when it emerged after a civil trial that a juror might have