Page 19 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

case."
findings.
deleted ...
R.24.

address the extent of

Court's admonitions," R.24.
and tried to destroy evidence-

14
It is astounding that the trial court -
profoundly understating Juror 12's misconduct.
only on the evidence and the court's instructions.
communications with third parties discussed herein.

The trial court acknowledged that it was "worthy of
R.13, 25.

subconsciously, to have affected Juror 12's ability to be impartial.
The kinds of
But in fact, Juror 12's affidavit failed to report any of
important defense witness, cannot have failed, whether immediately or

speaking about this case with third parties," R.2D, and that Juror 12 "clearly
note that Juror 12
But the court inexplicably failed to act on these
dishonest, the trial court bent over backwards to avoid a new trial, improperly
12 received (and then hid), which were plainly hostile to the defendant and an
displayed a consciousness that she had engaged in misconduct, in violation of
despite recognizing the multiple
trial hearing, including her self-serving statements that she had decided the case
crediting Juror 12's testimony whenever it was not inescapably a blatant lie, and
the trial court stated only that Juror 12's perjurious affidavit "did not completely
It is also difficult to
times that Juror 12 had consciously disobeyed instructions, lied, perjured herself,
On the latter point, for example,
messages, which demonstrated that she understood the prohibition on
texts that Juror
the
[Juror 12's] communications with third parties regarding this
the prejudicial
repeatedly credited Juror 12's testimony at the post-