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Dzhokhar Tsarnaev— Case Archive
2015 Federal TrialtranscripttranscriptVenue Motion Sealed Pending Review of Redactions - Day 8 - 2015 Federal TrialThe court sealed a newly filed venue motion containing juror questionnaire quotations and required review before any redacted version could be made public.
William D. WeinrebJudy ClarkeMiriam ConradGeorge A. O'Toole Jr.THE COURTMS. CLARKEMS. CONRADMR. WEINREBprocedural
2015 Federal Trial/Day 8/January 22, 2015
9 pages·0 witnesses·1,423 lines
Voir dire examined presumed guilt and death-penalty views, and three prospective jurors were added to the pool. The court deferred reconsideration of Juror 60's qualification and sealed a venue motion pending review of redactions.
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Procedural

9.Venue Motion Sealed Pending Review of Redactions

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ProceduralProc.Venue Motion Sealed Pending Review of Redactions
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THE COURT: Correct.

I see there's been a new motion filed with respect to venue. What troubles me about it is that it quotes from the juror questionnaires, and it's filed in the public record. I don't think that's right because it's one thing to quote things that have been said here, but there are jurors we have yet to see, including one of these, as a matter of fact, one of the ones I just mentioned, whose questionnaire is quoted in the motion and is in the public record. I'm going to instruct that it be placed under seal. The damage has probably been done, but I think we have to be cautious about that.

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MS. CLARKE: Does the Court prefer a redacted version to replace that?

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THE COURT: If you think it's worth the trouble.

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MS. CONRAD: Just to clarify, the issue is with the quotes, not with the numbers, so we don't need to redact the numbers, just the quotes?

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THE COURT: Well, the numbers -- to the extent it says what Juror 278 said about something, it's -- indirect quotes would be included, is what I'm saying.

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MS. CONRAD: I don't mean in numbers of jurors. I mean the percentage of questionnaire that indicate --

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MS. CLARKE: Just the quotation.

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THE COURT: I haven't looked at the motion enough to know what that is. Okay.

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MR. WEINREB: Your Honor, I think we would ask -- I haven't had time to review it either, but for the time being, in any event, we would ask that it all be kept under seal and no redaction --

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THE COURT: Yes. Let's take that -- we can always, if it seems prudent -- I think that's a good idea. I would like to see a redacted version before it goes on the record so I can see whether there are any marginal problems of any kind. So right now we'll have it placed under seal, but as I say, they probably already copied it. I think that's it. Am I forgetting anything? No, okay.

I do have one funding-related matter that I could talk to you just quickly about.

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MS. CLARKE: Certainly.

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(Whereupon, at 3:00 p.m. the trial recessed.)

Continue to Day 91.Preliminary Venire Instructions on the Capital Trial
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