1.Juror Substitution, Indictment Redaction, and Jury Schedule
22 linesUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------x UNITED STATES OF AMERICA, v. 22 CR 673 (LAK) SAMUEL BANKMAN-FRIED, Defendant. Trial
New York, N.Y. November 2, 2023 9:52 a.m. Before: HON. LEWIS A. KAPLAN, District Judge APPEARANCES DAMIAN WILLIAMS United States Attorney for the Southern District of New York BY: DANIELLE R. SASSOON NICOLAS ROOS DANIELLE KUDLA SAMUEL RAYMOND THANE REHN Assistant United States Attorneys COHEN & GRESSER, LLP Attorneys for Defendant BY: MARK S. COHEN CHRISTIAN R. EVERDELL SRI K. KUEHNLENZ DAVID F. LISNER Also Present: Luke Booth, FBI Kristin Allain, FBI Arjun Ahuja, USAO Paralegal Specialist Grant Bianco, USAO Paralegal Specialist
(In open court; jury not present)
JUDGE KAPLAN: Good morning, everyone.
First of all, before we bring in the jury, if anyone wants to be heard one way or the other on the issue of sitting tomorrow which wouldn't necessitate excusing one juror and substituting an alternate, I'll hear you briefly now.
MR. COHEN: Your Honor, we would be in favor of having the jury deliberate tomorrow.
JUDGE KAPLAN: So to get to the bottom line, you're asking me to excuse the juror who has plane tickets tomorrow morning and substitute an alternate.
MR. COHEN: Yes, your Honor.
JUDGE KAPLAN: And on what ground and what's the showing?
MR. COHEN: Your Honor, we think that given the way the schedule has gone——and it's certainly no one's fault——that we're going to have more summation today and then of course your Honor has to take the time for the charge, and that will leave the jury with, you know, some limited time tonight, and then we think a delay of an extra day could impact their ability to deliberate about the evidence, and we would ask that we continue the process by seating one of the alternates.
JUDGE KAPLAN: Government's position?
MR. ROOS: Your Honor, I think the jury will have a good amount of time today and so first of all, we still think it's premature, as Ms. Sassoon said yesterday and the day before, and so at this time we would oppose replacing Juror No. 3.
JUDGE KAPLAN: The application is denied. The likelihood is there is going to be a weekend break in any event, and the difference of a two-day weekend or a three-day weekend, in my view, is immaterial. And it's just not sufficient to warrant replacing the juror in question.
That said, let me tell you the schedule I have in mind here, and then we'll go get the jury. I understand from what's been said previously and publicly, the government expects to be about three quarters of an hour. Is that still true?
MS. SASSOON: Yes, your Honor.
JUDGE KAPLAN: Okay. So that suggests that we'll be done with that around 10:45. We'll take a break. We'll come back and I'll start the charge. I will go for what I'm guesstimating will probably be two hours or less. We'll then take a 30-minute lunch break. The jury has lunch ordered. Everyone else can happily consume cafeteria food. I'll complete the charge after lunch, and I expect the jury will have the case by somewhere between 2 and 2:30. That's, of course, a rough estimate. I have no idea how long the jury is going to take or whether they're going to finish today. I will not keep them longer than 8:15. And transportation arrangements will be ordered against the possibility they stay that late, and nobody knows whether they will.
Okay. Let's get the jury.
MR. EVERDELL: Your Honor, sorry. We don't have to address this now, we could do it at the break, but the defense has an application with respect to the indictment that is going to be provided to the jury for their deliberations. We had mentioned to the Court, I think it was the day before yesterday, about redactions to the indictment that we would propose. We can take this up at the break. I don't think it will be a long——
JUDGE KAPLAN: We'll take it up at the break, but there's nothing like waiting till the last second, is there.
Okay. Let's get the jury.
MR. ROOS: Your Honor, for what it's worth, we won't oppose the application, and we can prepare a redacted or cleaned-up indictment.
JUDGE KAPLAN: Okay. Then it's not going to be a matter of controversy.
(Jury present)
JUDGE KAPLAN: Good morning, everyone.
JUROR: Good morning.
JUDGE KAPLAN: The defendant and the jurors all are present.
Let me just say a word to the jury about the schedule. We're going to hear in a moment from the government on the rebuttal summation. We will then have a 15-minute break. I'll begin charging you on the law when that break is over. I won't do it all in one fell swoop. Sadly to say, it's going to take some time. So we will break for lunch at some convenient point in the course of my reading the charge. You know that your lunches have been ordered, and it will be a 30-minute lunch break in order to finish up and get the case to you. After lunch, I'll finish charging you. And I will not keep you later than 8:15, if you get that far. I'm not suggesting anything, of course, about whether you should or shouldn't or will need that much time or more or less. If you stay as late as 8:15, there will be transportation for those who need it, and we will order that up somewhere along the line. And as you may have learned from Andy already, Andy, who is a magician around here, has managed to accomplish the feat that if you do wind up having supper here, you have a choice of more than pizza. And you can thank Andy for that.
Okay. With that, Ms. Sassoon, we'll hear your rebuttal argument.