{
  "document_metadata": {
    "page_number": "13",
    "document_number": "1616620",
    "date": "02/24/22",
    "document_type": "Court Document",
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  "full_text": "Case 1:20-cr-00330-PAE Document 1616620 Filed 02/24/22 Page 13 of 117 A-5827\n370\nC2rdau4 Berke - cross\n1 forms a belief that a juror has engaged in misconduct, that\n2 attorney is obligated to bring the misconduct to the attention\n3 of the Court?\n4 A. You're asking me an ethical question, a legal opinion. I\n5 will tell you this --\n6 Q. Can you not answer that yes or no, Mr. Berke?\n7 A. Well, I'd like --\n8 Q. I'm asking you a question, and I'll repeat it again. Maybe\n9 you can't answer it yes or no; tell me if that's the case. If\n10 an attorney forms a belief that a juror has engaged in\n11 misconduct, do you believe that the attorney has an obligation\n12 to bring it to the attention of the court?\n13 A. I can't answer that yes or no. I can answer it, but I just\n14 can't answer it yes or no.\n15 Q. Really? You can't answer that question yes or no? That's\n16 your testimony?\n17 A. That's not how I would answer that question.\n18 Q. Tell us how you would answer that question.\n19 A. I will tell you that I have never confronted that issue at\n20 trial in any trial I have done; that whenever I have an issue\n21 that I think raises an ethical issue, I always do the same\n22 thing. I always look to the ethics rules. I always look to\n23 the ethics commentary.\n24 I'm very familiar with the ethical rules. I'm\n25 familiar with my obligations to my client, to the court,\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\nDOJ-OGR-00009431",
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      "content": "Case 1:20-cr-00330-PAE Document 1616620 Filed 02/24/22 Page 13 of 117 A-5827",
      "position": "header"
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    {
      "type": "printed",
      "content": "370\nC2rdau4 Berke - cross",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "1 forms a belief that a juror has engaged in misconduct, that\n2 attorney is obligated to bring the misconduct to the attention\n3 of the Court?\n4 A. You're asking me an ethical question, a legal opinion. I\n5 will tell you this --\n6 Q. Can you not answer that yes or no, Mr. Berke?\n7 A. Well, I'd like --\n8 Q. I'm asking you a question, and I'll repeat it again. Maybe\n9 you can't answer it yes or no; tell me if that's the case. If\n10 an attorney forms a belief that a juror has engaged in\n11 misconduct, do you believe that the attorney has an obligation\n12 to bring it to the attention of the court?\n13 A. I can't answer that yes or no. I can answer it, but I just\n14 can't answer it yes or no.\n15 Q. Really? You can't answer that question yes or no? That's\n16 your testimony?\n17 A. That's not how I would answer that question.\n18 Q. Tell us how you would answer that question.\n19 A. I will tell you that I have never confronted that issue at\n20 trial in any trial I have done; that whenever I have an issue\n21 that I think raises an ethical issue, I always do the same\n22 thing. I always look to the ethics rules. I always look to\n23 the ethics commentary.\n24 I'm very familiar with the ethical rules. I'm\n25 familiar with my obligations to my client, to the court,",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "SOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00009431",
      "position": "footer"
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  ],
  "entities": {
    "people": [
      "Berke"
    ],
    "organizations": [
      "SOUTHERN DISTRICT REPORTERS, P.C."
    ],
    "locations": [],
    "dates": [
      "02/24/22"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "1616620",
      "A-5827",
      "DOJ-OGR-00009431"
    ]
  },
  "additional_notes": "The document appears to be a court transcript with a clear and legible format. There are no visible redactions or damage."
}