Page 17 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

v.
of
12'
trial.

See Dyer v.
R.2E.
veracity?").
her discharge."

R.2D.

have served is irrefutable.
Calderon, 151 F
after the verdict, the weight of

dishonesty demonstrate as a matter of

12
conduct that affected a substantial right of
serious conundrum for the fact-finding process.

United States, 490 U.S. 858, 876 (1989) (one of

does not comply with the duty to tell the truth stand in judgment of

Thus, a harmless error analysis never applies when a juror is not impartial.
law that the juror engaged in improper
incompatible with our truth-seeking process as a judge who accepts bribes.")
.3d at 983 ("a juror who tells major lies creates a
There must come a point at which a juror's cumulative misconduct and
Calderon, 151 F.3d 970,983 (9th Cir. 1998) (en bane) ("A perjured juror is as
Mr. Neulander that Juror 12 was able to conceal her misdeeds until after the
never be treated as harmless is a defendant's right to an impartial adjudicator").
the "basic fair rights that can
How can someone who herself
As the Fourth Department determined, there is no question that, had Juror
s "misconduct been discovered during voir dire or during the trial, rather than
other people's
a defendant, CPL 330.30(2), and hence
authority under CPL 270.35 would have compelled
The Fourth Department also recognized that it was no fault
Gomez
was not fit to have served, without the need to examine actual or implied prejudice.
We respectfully submit that this is a case where Juror 12's unfitness to