Case Document 139-2 Filed 12/17/19 Page 1 of 130 PageID: 4010 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY UNITED STATES OF AMERICA Criminal NO. V. FRANK NUCERA, JR. JUROR AFFIFAVIT I, - (Juror 3), having been duly sworn, hereby state: 1. I was one of the Jurors (Juror 3) in the above- captioned case. I was present at and participated in all deliberations of the jury. 2. After the jury was discharged, I contacted counsel for Mr. Nucera to present concerns I had about the nature of the jury deliberations including matters addressed below. 3. I am concerned about public backlash and safety issues for myself and my family. I have several children, including an African American child (I consider her my child although she is not my DA001 Case Document 139-2 Filed 12/17/19 Page 2 of 130 PageID: 4011 biological child or legally adopted, as my husband and I were granted Kinship Legal Guardianship when she was 15 years old. She is now 20 years old). I have seen unnerving comments on the trial by the public (which I looked at only after the trial). In light of the sensitive nature of the issues, and because of a (now sealed) note I sent to the Court on the day we were discharged, I am requesting that the form of affidavit referencing my name be sealed, and that a redacted version referencing only my Juror number be made public. 4. I have requested that Mr. Nucera?s attorney file just the redacted affidavit publicly until the Court decides the request to seal any version of the affidavit referencing my name. 5. I was very concerned by statements made by certain Jurors during the deliberations which infected the deliberation process, including my own vote for guilty on Count 3 because of bullying, racial DA002 Case Document 139-2 Filed 12/17/19 Page 3 of 130 PageID: 4012 tension, and unfounded accusations directed at me that resolute not guilty vote (prior to the verdict) was based on racism on my part. 6. As the deliberations progressed, I felt like I was being labelled as a racist if I did not find Frank Nucera guilty beyond a reasonable doubt. I became hesitant to speak up because I did not want such inappropriate comments continued to be directed toward me. I was made to feel that if I did not vote for conviction, I was insensitive to the experiences suffered by people because of their race such as those recounted by Juror (Juror 12) as mentioned throughout this Affidavit. 7. I was very distraught by the comments referenced below and the demeanor of certain Jurors that I sent a now sealed note to the Court just before the final hung jury note was sent to the Court. DA003 Case Document 139-2 Filed 12/17/19 Page 4 of 130 PageID: 4013 10. 11. Originally, on all three counts, the jury vote was 10 to 2 in favor of acquittal. Later in the day Juror (Juror 1) changed her vote to guilty, making it 9 to 3 in favor of acquittal. The three guilty votes were by Juror (Juror 1), Juror (Juror 9), and Juror (Juror 12>- Early in case, Juror (Juror 12) stated words to the effect that her vote was for guilty on all three counts and that she has ?all the time in the world? to wait out deliberations. Another juror asked if perhaps the jurors who were voting guilty were looking at things through a different lens, and Juror (Juror 12) responded words to the effect ?no shit Sherlock, we?re black?. During the deliberations, I did not see Juror (Juror 12) review any evidence on the Ipad (on which the evidence was available to us) DA004 Case Document 139-2 Filed 12/17/19 Page 5 of 130 PageID: 4014 12. 13. 14. despite requests that she look at specific evidence to consider alternative points of view that were being presented. Juror (Juror 12) stated that the only thing she was writing in her juror notebook during deliberations was a list of states to which she has traveled or planned to travel. At times, jurors who stated that the government did not prove its case often were met with hostile reactions from Juror (Juror 12). Although not at first, Juror (Juror 1) and Juror - (Juror 9) also variably pointed only to racist comments made by Mr. Nucera, and demeaned and reflexively dismissed any contrary view of the evidence mentioned by other jurors regarding the alleged physical actions by Frank Nucera. Very early on during deliberations, Juror (Juror 12) yelled at Juror (Juror 2) that Juror (Juror 2) ?can?t DA005 Case Document 139-2 Filed 12/17/19 Page 6 of 130 PageID: 4015 15. 16. understand because you are not black". Juror (Juror 2) had said nothing to state that she was attempting to put herself in the shoes of a black person. Because of incidents like this, I became increasingly hesitant to share with my fellow jurors my reasonable doubt as to guilt. During deliberations, before the guilty vote on Count 3, as I expressed my view of the evidence and my not guilty vote, Juror (Juror l2) stated to me words to the effect that ?You would only be happy with a jury of l2 white people". Rather than being open to the evidence, Juror (Juror l2), Juror (Juror l) and Juror - (Juror 9), began to make statements that those jurors (which included me) who were voting not guilty were looking for ways to help Frank Nucera get away with the alleged crime. I was made to feel as though anyone who did not find Frank DA006 Case Document 139-2 Filed 12/17/19 Page 7 of 130 PageID: 4016 17. 18. Nucera guilty was condoning his racially charged words. Juror (Juror 12) continued to make similar allegations of racism, also presenting to the jury adverse personal experiences she and her family had endured. During deliberations, before the conviction on Count 3, Juror (Juror 12) told us that her sons experienced racial profiling. Juror _(Juror l2) recounted that one of her sons (who is a pharmacist) was pulled over by different police three times in one day. Juror (Juror 12) told us that these stops were solely because her son was ?driving while black?. In this same discussion, Juror (Juror 12) also recounted a story that her son also was in his own back yard at night and was approached by the police. DA007 Case Document 139-2 Filed 12/17/19 Page 8 of 130 PageID: 4017 19. 20. 21. In the same context of the two stories above regarding her son(s), Juror (Juror 12) also stated in substance that when you are raising black sons, you have to teach them from when they are young boys, to submit to the demands of police officers. Juror (Juror 12) stated during the deliberations words to the effect that she would be hard-pressed to return to her sons and her community without a conviction or jail time for Frank Nucera. During deliberations, Juror (Juror 1) directed to me, words to the effect that ?you would not find Frank Nucera guilty even if he shot Stroye in the face.? I found her comments insensitive, inappropriate, and repressive of my true views of the evidence. Those comments caused me to retreat into the restroom and cry. I became physically upset by her comments and other jurors requested a DA008 Case Document 139-2 Filed 12/17/19 Page 9 of 130 PageID: 4018 22. 23. ?smoke break.? Even though I do not smoke, I joined them on the outing where I began to cry for the duration of the break. We decided to end deliberations for that day shortly after our return from the break. During deliberations some jurors shifted their votes. When the jurors were discussing that we were hung on all counts (after several days of deliberations), Juror (Juror 5) pounded the table and said words to the effect ?mother er, I?ll be damned if we let this guy walk. I?ll sit another three weeks until we can convict this guy?. Juror (Juror 12) added in substance ?I?m retired, this is $50 more per day than I am making at home, I have all the time in the world?. Juror (Juror 5?s) table pounding created more reticence on my part to share my true thoughts on the evidence. His comments and those of Juror DA009 Case Document 139-2 Filed 12/17/19 Page 10 of 130 PageID: 4019 24. 25. (Juror l2) and others as addressed elsewhere in this Affidavit -- convinced me that I would have to change my not guilty vote on at least one count to avoid any stigma publicly that would align me with Frank Nucera?s racist rants. I compromised my vote to guilty on Count 3 to dispel any impression that I am a racist, not because I thought that the government proved its case beyond a reasonable doubt. In fact, I thought then, and still do now think, that the government did not prove its case. To this day I continue to believe that Mr. Nucera did not willfully make a false statement to the FBI. I continue to experience substantial guilt over my vote for conviction on Count 3 because it was not my true vote. I also recall Juror (Juror 4), the morning following the guilty verdict on Count 3, DA010 Case Document 139-2 Filed 12/17/19 Page 11 of 130 PageID: 4020 26. 27. 28. expressing and immediate regret of changing her vote to guilty and that she had a sleepless night. During deliberations, Juror (Juror 12) presented to us a tearful recollection of racial inequality she was subjected to as a child. She told us how she was unable to use a ?whites only? restroom while traveling, and how her mother kept mayonnaise jars in her car into which Juror (Juror 12) would have to relieve herself. She recounted being asked to leave places due to her skin color. At one point, Juror (Juror 6) physically embraced Juror (Juror l2) and said words to the effect ?I?m sorry, I?m so sorry, I remember those days?. Also, at one point, Juror (Juror 5) embraced Juror (Juror 12) after she recounted stories of racial discrimination suffered DA011 Case Document 139-2 Filed 12/17/19 Page 12 of 130 PageID: 4021 29. 30. 31. by her and her family, and he was tearful while doing so. At one point, Juror (Juror 12) stated words to the effect that ?Every time I hear someone in this room say ?I?m not prejudiced, I have a black friend?, if I had a gun, I would shoot each one of you.? After a period of silence in the jury room after that was said, Juror (Juror 11) said ?who can follow that?. Those comments by Juror (Juror 12) also further repressed my ability to continue to speak my genuine view of the evidence. Juror _(Juror 12) also stated during deliberations in substance that when you are a mom and you are raising black boys, from the day they are born you have to teach them how to answer to a cop, how to put their hands up and concede. I was further troubled by Juror comments, the accusations of racism toward white DA012 Case Document 139-2 Filed 12/17/19 Page 13 of 130 PageID: 4022 32. 33. 34. jurors who were voting not guilty, and particularly the accusations of racism directed at me. I remain concerned about the fact that these statements were made during deliberations and that I was essentially shamed into voting guilty regarding Count 3, despite that I did not want to do so. Indeed, I felt that way when I voted, when the verdict was delivered, and immediately after the verdict was delivered regarding Count 3. The referenced comments impacted my ability to stand strong on my individual not guilty vote. Juror (Juror 6) told us Jurors that he has been around a long time, and if we do not convict, these things will continue to happen, and he was tearing up. Also, during deliberations there was a debate about the meaning of ?unreasonable? and ?unnecessary? relating to certain counts of the indictment. Juror (Juror 6) one day brought into the DA013 Case Document 139-2 Filed 12/17/19 Page 14 of 130 PageID: 4023 jury deliberations, handwritten definitions he had written down and he stated he looked them up the night before. He presented the definitions he had written down to the jury. 35. This Affidavit does not include all of the statements or occurrences made during jury deliberations, and there is additional information I can provide if and when asked. JUROR 3 Sworn to and Subscribed before me on this 3rd??day of December, 2019 at Haddon Heights, Camden County, NJ by - whose identity I verified by examinin her Dr' er?s License. r\ Jo . Purcell! Esq. Attorney at Law, State of New Jersey Authorized to administer oaths, affirmations and affidavits pursuant to NJSA 41:2-1 DA014 Case Document 139-2 Filed 12/17/19 Page 15 of 130 PageID: 4024 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY UNITED STATES OF AMERICA Criminal NO. 17-00532-RBK V. FRANK NUCERA, JR. JUROR AFFIEAVIT I, (Juror 4), having been duly sworn, hereby state: 1. I was one of the Jurors (Juror 4) in the above" entitled and numbered case, and I was present at and participated in all deliberations of the jury. After the jury was discharged, I contacted the defense investigator working with Mr. Nucera?s attorney (another juror had given me the number when I asked) regarding concerns I had about the jury deliberations and my vote on Count 3. I wanted to meet with Mr. Nucera?s attorney, so a meeting was established. DA015 Case Document 139-2 Filed 12/17/19 Page 16 of 130 PageID: 4025 3. I am concerned about public backlash and safety issues for myself and my family (I have very young children). I am requesting that the form of affidavit referencing my name be sealed, and that only a redacted version referencing my Juror number be made public. I have requested that Mr. Nucera?s attorney file just the redacted affidavit publicly until the Court decides the request to seal any version of the affidavit referencing my name. 4. I have continuously thought about my guilty verdict regarding Count 3 and that it was not a product of my true thoughts about the evidence. I felt pressured into the guilty verdict even though I believed the government did not prove the case. Even when I voted guilty I did not believe that Mr. Nucera was guilty. I also felt pressure from the jury instructions given to us (and other jurors stated so) that we could not have a hung jury, that we had to reach some verdict. I just voted that DA016 Case Document 139-2 Filed 12/17/19 Page 17 of 130 PageID: 4026 way because every time I tried to express my thoughts on the evidence and the proofs (or the failures) I was shut down by Juror (Juror 12) or Juror (Juror 9) even in the face of clear evidence to which I was referring and actually bringing up on the Ipad provided. I felt too alone and the responses to me from some other jurors were nasty each time. 5. Juror (Juror 12) during trial said words to the effect that she could be here forever because she is retired and is only missing television shows. 6. At one point during deliberations, a fellow juror (I vaguely recollect that it was Juror Juror l2 but I am not positive) said that she does not know how Frank Nucera can still be employed as a cop as he also must be racist to grow up with a father like the defendant. Juror - (Juror 2) disputed that saying that someone Lu DA017 Case Document 139-2 Filed 12/17/19 Page 18 of 130 PageID: 4027 could grow up with a racist parent and not be racist. 7. Before the guilty verdict on Count 3, Juror (Juror 12) told two stories about her son(s). She told a story about a son doing work in his yard, being approached by a police officer and then made to go to the police station despite that he said it was his house, but he could not produce a key. Juror ?(Juror l2) said words to the effect that the reason that happened must have been because her son was black. The other story was that her son, a pharmacist, was pulled over by 3 different police officers in one night and accused by each of looking for drugs. She said that the third time, her son called her so she could overhear the interaction. Juror (Juror 12) also said that her son said sarcastically to the officer that he was a pharmacist so if he wanted to get drugs, he could DA018 Case Document 139-2 Filed 12/17/19 Page 19 of 130 PageID: 4028 get them himself. Juror (Juror 12) said that her son had done nothing wrong and the only reason he was pulled over was because he was ?driving while black?. 8. Juror (Juror 12) also told us other jurors that as a mother of black sons she had to teach them to go with what the cops say and not talk back. This was before the guilty verdict on Count 3. 9. At some point during deliberations Juror (Juror l2) told us other jurors about her childhood experience and it being difficult growing up black. What I remember most about the story was she said that when she was young, they were urinate, so her mother pulled over on the side of the road and Juror (Juror 12) had to ?pee in a mayonnaise jar? because they could not go into a restaurant or some establishment because they were black. DA019 Case Document 139-2 Filed 12/17/19 Page 20 of 130 PageID: 4029 10. 11. 12. 13. Juror (Juror 12) also stated during deliberations that people who say they understand because they have a black friend or know one black person, do not understand what it was like to grow up how she did. Juror (Juror 12) said words like ?you just don't know. I could shoot you allf?. As a result of that story and those comments by Juror (Juror 12), several jurors were tearing up, and Juror (Juror 6) hugged Juror (Juror 12). During deliberations when we were going out for a break, Juror (Juror 5) said (when we could not reach a unanimous verdict on Counts 2) that he felt like ripping the sink off the wall in the bathroom. He said that to a court security officer, and I overheard it. During deliberations, Juror (Juror 1) said to me ?If you were in a room with Frank Nucera 6 DA020 Case Document 139-2 Filed 12/17/19 Page 21 of 130 PageID: 4030 14. and he was talking to you like he did, how would you react?, to which I responded that it had nothing to do with anything and I was not going to answer. However, her comment (and those of Juror Juror 12) made me feel like I was being racist to vote not guilty, even though not guilty was my true belief from the evidence. Before the verdict of guilty on Count 3, other jurors were saying that ?we have to get something out of this we have to get him on something?. It was said by several jurors but I cannot recall specifically which jurors. Jurors also said words to the effect ?there is no way the Judge is going to let this go without a verdict one way or the other, this case is too serious.? That was my impression also because of the jury instructions and re-instructions to return to deliberate when we said we were hung on all counts the first time. DA021 Case Document 139-2 Filed 12/17/19 Page 22 of 130 PageID: 4031 15. At another time during deliberations, I heard another juror Juror (Juror l) -- say words along the lines that ?If Frank Nucera had a gun to someone?s head or had shot him in the head, you would still say not guilty.? 16. During deliberations there was a question about the meaning of ?unreasonable? and ?unnecessary? relating to counts of the indictment. Juror (Juror 6) one day brought into the jury deliberations definitions which he stated he looked up the night before. He read the definitions to us jurors. 17. This Affidavit does not include all of the statements or occurrences made during jury deliberations, and there is additional information DA022 Case Document 139-2 Filed 12/17/19 Page 23 of 130 PageID: 4032 vide if and when asked. JUROR 4 Sworn to and Subscribed before me on this lZw'day of November, 2019 at Haddon Heights, Camden County, NJ by whose identity I verified by examining her NJ Driver?s License. 7 7 L. MargEret Cha?man Notary Public, State of NJ MARGARETM.CHAPMAN A Notary Public Of New Jersey My Commission EXpires Juiy 22. 2012 V7 DA023 Case Document 139-2 Filed 12/17/19 Page 24 of 130 PageID: 4033 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY UNITED STATES or AMERICA Criminal No. V. FRANK NUCERA, JR. JUROR AFFIFAVIT I, (Juror 2), having been duly sworn, hereby state: 1. I was one of the Jurors (Juror 2) in the abovew entitled and numbered case, and I was present at and participated in all deliberations of the jury. After the jury was discharged, I contacted counsel for Mr. Nucera regarding concerns I had about the jury deliberations. I am concerned about public backlash and safety issues for myself and my family. I work in a public forum and anyone can approach me at any time. I am requesting that the form of affidavit referencing my name be sealed, and that only a DA024 Case Document 139-2 Filed 12/17/19 Page 25 of 130 PageID: 4034 redacted version referencing my Juror number be made public. I have requested that Mr. Nucera?s attorney file just the redacted affidavit publicly until the Court decides the request to seal any version of the affidavit referencing my name. 4. The nature of the deliberations in this case did at the time they were occurring, and still, cause me concerns. Indeed, I felt compelled to contact defense counsel after the trial, especially after I read an Inquirer article quoting Juror 12. 5. During the trial (while the case was still in the trial phase) Juror (Juror 12) told us other jurors that she had previously sat on a jury and told that prior jury ?Hope you are all thinking guilty, I can be here all day, I have f_ _king no where to be.? Later actually during our deliberations, another juror (Juror Juror 5) made a joking refence to that statement Id DA025 Case Document 139-2 Filed 12/17/19 Page 26 of 130 PageID: 4035 and said ?It doesn?t matter anyway, we all have to vote the way Juror 12] votes". 6. On the second day (Thursday) of deliberations, Juror (Juror 12) yelled at me in substance ?you don?t know what its like to be a black person?. I responded that she should not put words in my mouth and I had said nothing like that. 7. At some point during deliberations, before the guilty verdict on Count 3, Juror (Juror 12) told us jurors one of her sons was pulled over by police in three separate towns (as best I recall she said Medford, Marlton and Mount Laurel) around 11 pm and was asked ?what he was doing out so late, was he out looking for drugs? or words to that effect. Juror (Juror 12) stated that ?This is what happens when you drive black.? In response I said in substance ?if you are trying to say all cops are bad I am not going to hear that right now, I am not going to have anyone say that.? Lu DA026 Case Document 139-2 Filed 12/17/19 Page 27 of 130 PageID: 4036 10. To my recollection around this same time, Juror (Juror 12) also stated in substance that as a mom raising black boys, from the day they are born you have to teach them how to answer a cop, how to put their hands up and concede. At another point during deliberations, again before the verdict on Count 3, Juror (Juror 12) told us jurors a story that her other son was approached by police while he was doing work in her yard and brought to the police station because the police did not believe he lived there and was later released with an apology. Juror (Juror 12) told us jurors that such occurred because her son ?was black, a black man doing yard work?. During deliberations, Juror (Juror 5) pounded the table and said in substance ?mother er, I?ll be damned if we let this guy walk. I?ll sit another three weeks until we can convict this guy?. Juror (Juror 12) chimed in DA027 Case Document 139-2 Filed 12/17/19 Page 28 of 130 PageID: 4037 ll. 12. that ?I?m retired, this is $50 more per day than I am making at home, I have all the time in the world?. During deliberations on October 8, 2019, Juror - (Juror l, the foreperson) stated words to the effect ?You would find him not guilty if he put a gun to Stroye?s head and shot him?. There were several not guilty votes in the room on all counts at that point. In addition, on that same date (10?08-19) as Juror - _(Juror 3) was discussing her view of the evidence during deliberations, Juror (Juror 12) arrogantly stated words to the effect ?You just want 12 white jurors?. Juror (Juror 3) had said nothing race?based or inappropriate to prompt that comment. I spoke up and said that comment by Juror (Juror 12) was uncalled for, that no one in the jury room was saying anything close to wanting all white DA028 Case Document 139-2 Filed 12/17/19 Page 29 of 130 PageID: 4038 13. 14. 15. jurors, and that Juror (Juror 3) had said nothing like that. Shortly after those comments by Juror - (Juror 1) and Juror (Juror 12), I also heard Juror 5 N0 [f YES, please explain: Have you or anyone close to you ever accused anyone of racial or ethnic discrimination? YES 24 NO If YES, please explain: l9 DA066 Case Document 139-2 Filed 12/17/19 Page 67 of 130 PageID: 4076 Case Document 63 Filed 09/06/19 Page 22 of 29 PagelD: 1027 74. 75. 76. Juror No. ?ab" Have you or anyone close to you ever been the victim of discrimination? YES NO If YES, who was it and please explain the nature of such: Would this experience impact your ability to serve as a completely impartial juror on a case involving an alleged racially motivated hate crime by a police of?cer? YES NO Please explain: Do you know anybody who has been the target of racial violence or attempted racial violence? YES NO If YES, please explain: Do you have any opinions about laws that establish penalties for criminal acts that are motivated by hatred or prejudice against race, color, or ethnicity? YES 5 NO If YES, please explain: 2i] DAO 67 Case Document 139-2 Filed 12/17/19 Page 68 of 130 PageID: 4077 Case Document 63 Filed 09/06/19 Page 23 of 29 PagelD: 1028 77. 78. 79. 80, 81. Juror No. 0/0 Would you have any dif?culty serving as a completely impartial juror on a case in which a white police chief is accused of using unnecessary force against a black man during the arrest of the black man? YES NO If YES, please explain: Based on the brief description of the case that I provided to you, do you believe that the federal government should not be involved in cases of this nature? YES NO If YES, please explain: Do you have any feelings toward any racial or ethnic group that would cause you tojudge a member of the group differently than you would judge a member of your own racial or ethnic group? YES NO If YES, please explain: Do you believe that discrimination against African Americans exists today in the United States? YES NO Do you believe that discrimination against African Americans exists today in New Jersey? YES NO 2l DAO 68 Case Document 139-2 Filed 12/17/19 Page 69 of 130 PageID: 4078 Case Document 63 Filed 09106119 Page 24 of 29 PagelD: 1029 82. 83. 84. 85. 86. 87. Juror No. 2/05.? To what extent do you agree or disagree with the belief held by some people that reverse discrimination toward whites is more common today than discrimination against racial minorities: El Strongly agree El Somewhat agree Somewhat disagree Wtrongly disagree Do you use slang or racial slurs to describe people of another race or ethnicity? YES 5 NO Does someone close to you use slang or racial slurs to describe people of another race or ethnicityslang terms or racial slurs to describe race or ethnicity acceptablecrime for police of?cers to use language that involves racial slursfderogatory names or profanity. Do you believe that it should be a crime for police officers to use language that involves racial slurs/derogatory names or profanity? YES NO If YES, please explain: Would you have difficulty being a completely impartial juror on a trial that involves rough language or profanity? YES NO If YES, please explain: 22 DA069 Case Document 139-2 Filed 12/17/19 Page 70 of 130 PagelD: 4079 Case Document 63 Filed 09/06/19 Page 25 of 29 PagelD: 1030 88. 89. 90. 91. 92. 93. Juror No. Would you have any dif?culty being a completely impartial juror in a trial that involves words used by the person charged that are racially derogatory, such as the word,? or other racially derogatory words? YES i NO Do you believe that if someone uses racially charged derogatory words verbally, that such person would be inclined to act with physical aggression as well? YES NO Please explain your thoughts in that regard: will/V1 61. {Jar-m (1744 WW MIWM A pW cam {41% 1% phma/ ?ay/Kim Do you have any strong opinions about allegations against police of?cers accused of engaging in racially motivated abuse of or violence against minorities? YES NO If YES, please explain: To what extent do you agree or disagree with the belief held by some people that individuals of certain racial or ethnic groups are superior to individuals of other racial or ethnic groups: El Strongly agree Somewhat agree El Somewhat disagree RStrongly disagree Do you believe that the government has gone too far in advocating the rights of minorities in this country? YES 34 N0 What contacts have you or your family had with the police or other law enforcement of?cers in which you feel the police mistreated you or your family member? WM 0% (H. mAmm?faMng/?R. 23 DA070 Case Document 139-2 Filed 12/17/19 Page 71 of 130 PageID: 4080 Case Document 63 Filed 09/06/19 Page 26 of 29 PagelD: 1031 Juror No. 9 2/03". 94. Do you have any concerns about the government prosecuting law enforcement of?cers? YES ?5 If YES, please explain: 95. Would you have any reluctance to judge the actions of an on-duty law enforcement of?cer? YES If YES, please explain: 96. Have you ever observed a police of?cer use force that you thought was excessive? YES NO If YES, please explain the circumstances and your reaction: 97. Do you believe that law enforcement of?cers generally use more physical force than necessary? YES >4 NO If YES, please explain: 98. Do you believe that a police of?cer should never use any force, regardless of the circumstances? YES NO 24 DA071 Case Document 139-2 Filed 12/17/19 Page 72 of 130 PageID: 4081 Case Document 63 Filed 09/06/19 Page 27 of 29 PagelD: 1032 Juror No. 34 2 99. Do you believe that a police of?cer should always be permitted to use force, regardless of the circumstances? YES NO 100. If the government proves its case against the defendant beyond a reasonable doubt, would you hesitate to return a guilty verdict because he was a police chief? YES 7:4 N0 101. If the government does not prove its case beyond a reasonable doubt, would you hesitate to return a verdict of not guilty because he was a police chief? YES 1 NO 102. Do you know of any reason why you may feel bias for or against the government, for or against any witness, or for or against Frank Nucera, Jr., because of the nature of the charges or otherwise? YES NO If YES, please explain: 103. In a group situation, if your opinion differs from the opinion of others in the group, would you express your opinion? ?x YES NO 104. The trial in this case is expected to last between 2-3 weeks. Do you have any substantial scheduling limitations or commitments that would cause you to be unable to serve as a fair and impartial juror in this case during that time period? YES 3 NO If YES, please explain: 25 DA072 Case Document 139-2 Filed 12/17/19 Page 73 of 130 PagelD: 4082 Case Document 63 Filed 09/06/19 Page 28 of 29 PagelD: 1033 Juror No. 105. Is there anything that the court should know about that could potentially affect your ability to be a fair or impartial juror in this case? YES 5: NO If YES, please explain: Please make certain yourjuror number is printed on the front page of the questionnaire and sign your name here: Mil/m Dat? Signature 5 26 DA073 . Case Document 139-2 Filed 12/17/19 Page 74 of 130 PageID: 4083 Case Document 63 Filed 09106I19 Page 29 of 29 Pagel D: 1034 Juror No. Explanation Sheet 27 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 75 of 130 PageID: 4084 1891 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY _____________________________ 3 UNITED STATES OF AMERICA, 4 CRIMINAL NUMBER: v. 17-532 5 FRANK NUCERA, JR., 6 7 8 TRIAL Defendant. _____________________________ Mitchell H. Cohen Building & U.S. Courthouse 4th & Cooper Streets Camden, New Jersey 08101 October 7, 2019 9 10 B E F O R E: THE HONORABLE ROBERT B. KUGLER, SENIOR UNITED STATES DISTRICT JUDGE 11 A P P E A R A N C E S: 12 13 14 OFFICE OF THE UNITED STATES ATTORNEY BY: MOLLY S. LORBER R. JOSEPH GRIBKO ASST. UNITED STATES ATTORNEYS FOR THE GOVERNMENT 15 16 17 ROCCO C. CIPPARONE, JR., ESQUIRE 203-205 BLACK HORSE PIKE HADDON HEIGHTS, NEW JERSEY 08035 FOR THE DEFENDANT 18 19 20 21 22 23 24 25 Carl J. Nami, Official Court Reporter Carl_Nami@NJD.USCOURTS.GOV 609-439-5420 Proceedings recorded by mechanical stenography; transcript produced by computer-aided transcription. United States District Court Camden, New Jersey DA075 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 76 of 130 PageID: 4085 1892 1 (Defendant Present) 2 00:01 00:02 (The following took place in open court). 3 THE DEPUTY COURT CLERK: 4 THE COURT: 5 MR. CIPPARONE: 6 MS. LORBER: 7 THE COURT: 8 jury. 9 unanimous decision. 10 00:02 00:03 Good morning, your Honor. Good morning, your Honor. All right. My preference is to declare a mistrial, your Honor. MS. LORBER: 14 Charge, your Honor. 15 THE COURT: Our preference would be to give the Alan I don't want to give them the Alan 16 Charge. 17 standard charge at this point. 18 continue and see what happens. 19 MS. LORBER: 20 Okay, we have a note from the This jury is deadlocked and unable to come to a MR. CIPPARONE: 13 00:02 Have a seat, everybody. So what would counsel like to do at this point? 11 12 All rise. It's just a repeat of what, you know, is in this instruction? I mean we can ask them to Is it clear, do they need any further Are they deadlocked on all charges or just -- 21 THE COURT: 22 MS. LORBER: 23 THE COURT: 24 page 37 of the instructions. 25 telling them under heading fifth, talks about the case and Counsel, you know as much as I do. Yes. That's all I know. I mean that's from I'll note in the paragraph United States District Court Camden, New Jersey DA076 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 77 of 130 PageID: 4086 1893 1 their duties. 2 00:03 MR. CIPPARONE: your Honor, they'd that charge. 4 have a copy in the jury room and they've been at this now I'd 5 say, I'd say what, two and a half days if we add up the time? 7 9 MR. GRIBKO: We would certainly ask that you re-read that at least. THE COURT: 11 MR. GRIBKO: 12 THE COURT: It would just be that paragraph. That's it. Starting with the second sentence. 13 fact, it is your duty to talk with each other about the 14 evidence. 15 MR. GRIBKO: In I don't think you need the phrase "in fact". 17 THE COURT: No, I can leave that part out, sure. 18 (Brief pause) 19 MS. LORBER: Your Honor, would it be possible to also 20 reread to them charge 42? 21 defendant charged with multiple offenses? 22 00:05 They time, your Honor. 10 16 00:04 You read it to them. So I think a mistrial is appropriate at this point in 8 00:04 You know from my perspective, 3 6 00:03 Yes. MR. CIPPARONE: Separate considerations, single I think that unduly emphasizes it, 23 Judge. 24 suggestion to find him potentially guilty or not guilty of 25 separate offenses. It's pushing them in a direction. It's giving them a They haven't asked for that to be United States District Court Camden, New Jersey DA077 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 78 of 130 PageID: 4087 1894 00:05 00:05 1 clarified. 2 they'll ask for it. 3 reasonable doubt. 4 charge. 5 We know that when they wanted clarification, They did it Friday with respect to I think that gives undue emphasis to that THE COURT: 6 point is ask them to give it one more try and then see what 7 they say. 8 us, but I've been surprised before. 9 going to reread them from page 37 and we'll see what happens. 10 I don't think it will take them long to get back to (Brief pause) 12 THE DEPUTY COURT CLERK: 13 THE COURT: Please have a seat. Obviously we got 15 your note. 16 at this point is to reread you part of the charge from page 17 37. 18 00:08 All rise. (Jury enters the courtroom at 11:20 a.m.) 14 00:07 And I think I'm just Get them out, please. 11 00:07 I think the only thing I can do at this I think the most appropriate response to your note It is your duty to talk with each other about the 19 evidence and to make every reasonable effort you can to reach 20 unanimous agreement. 21 and respectfully to each other's views and keep an open mind 22 as you listen to what your fellow jurors have to say. 23 hesitate to change your mind if you are convinced that the 24 other jurors are right and that your original position was 25 wrong, but do not ever change your mind just because other Talk with each other, listen carefully United States District Court Camden, New Jersey Do not DA078 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 79 of 130 PageID: 4088 1895 00:08 1 jurors see things differently, or just to get the case over 2 with. In the end, your vote must be exactly that, your own 3 vote. It is important for you to reach unanimous agreement 4 but only if you can do so honestly and in good conscience. 5 Listen carefully to what the other jurors have to say and then 6 decide for yourself if the Government has proved the defendant 7 guilty beyond a reasonable doubt. 8 9 00:08 10 I'm going to ask you to take time and make another effort to come to unanimous agreement. So I'm going to ask you to return to your deliberation 11 room and we will await your further word. 12 THE DEPUTY COURT CLERK: 13 00:09 THE COURT: I just don't think it would be 15 appropriate for to me tell them at this time that there are 16 circumstance under which we could accept a partial verdict. 17 If they ask, I'll tell them, but they haven't asked. 18 have to assume that they're unable to reach agreement on any 19 of the three counts. 20 they say. 21 All right? Thank you, everybody. MR. CIPPARONE: 23 MS. LORBER: 25 So I And we'll just have to wait and see what 22 24 00:09 All rise. (Jury leaves the courtroom at 11:22 a.m.) 14 00:09 Thank you. Thank you, your Honor. Thank you, your Honor. (The matter was then in recess while the jury deliberated) (Defendant Present) United States District Court Camden, New Jersey DA079 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 80 of 130 PageID: 4089 1896 1 03:33 03:33 (The following be took place back in open court) 2 THE DEPUTY COURT CLERK: 3 THE COURT: Okay, we're on the record. another question from the jury. 5 Office Nagle's and Pesce's testimony. 6 acceptable to both sides and we'll get working on it. 7 MS. LORBER: 8 MR. CIPPARONE: 9 THE COURT: 10 12 14 15 Could we have a transcript of I assume that that is Yes, your Honor. Certainly, your Honor. All right, Mr. Nami. Do your magic, please. (Recess) (The trial was in recess while the jury deliberated) 13 06:01 There's 4 11 05:59 All rise. (defendant present) (The following took place in open court) THE COURT: As Larry indicated in his message to you, 16 the jury has asked to come back tomorrow morning and continue 17 their deliberations. 18 process of leaving now. 19 And no further word about deadlock or anything like that. 20 that's all I know. Of course, I said yes. They are in the And they'll be back at 9:30 tomorrow. We'll see you in the morning. 21 MR. GRIBKO: Have a good night, your Honor. 22 MS. LORBER: Thank you, your Honor. 23 MR. CIPPARONE: 24 (The matter witness stand then concluded) Thank you, your Honor. 25 United States District Court Camden, New Jersey DA080 So, Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 81 of 130 PageID: 4090 1897 1 2 I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. 3 4 /S/ Carl Nami, Official Court Reporter 5 Court Reporter/Transcriber 6 7 October 7, 2019 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States District Court Camden, New Jersey DA081 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 82 of 130 PageID: 4091 1898 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY _____________________________ 3 UNITED STATES OF AMERICA, 4 CRIMINAL NUMBER: v. 17-532 5 FRANK NUCERA, JR., 6 7 8 TRIAL Defendant. _____________________________ Mitchell H. Cohen Building & U.S. Courthouse 4th & Cooper Streets Camden, New Jersey 08101 October 8, 2019 9 10 B E F O R E: THE HONORABLE ROBERT B. KUGLER, SENIOR UNITED STATES DISTRICT JUDGE 11 A P P E A R A N C E S: 12 13 14 OFFICE OF THE UNITED STATES ATTORNEY BY: MOLLY S. LORBER R. JOSEPH GRIBKO ASST. UNITED STATES ATTORNEYS FOR THE GOVERNMENT 15 16 17 ROCCO C. CIPPARONE, JR., ESQUIRE 203-205 BLACK HORSE PIKE HADDON HEIGHTS, NEW JERSEY 08035 FOR THE DEFENDANT 18 19 20 21 22 23 24 25 Carl J. Nami, Official Court Reporter Carl_Nami@NJD.USCOURTS.GOV 609-439-5420 Proceedings recorded by mechanical stenography; transcript produced by computer-aided transcription. United States District Court Camden, New Jersey DA082 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 83 of 130 PageID: 4092 1899 1 (Jury question) 2 (Defendant present) 3 00:03 00:04 4 THE COURT: 5 MR. GRIBKO: We're sort of prepared for this. 6 MS. LORBER: We are. 7 THE COURT: We 9 unanimous on one count, but deadlocked on the other two, what 10 It reads: If we are is our next step. So I'll give -- obviously I will not respond to this 12 unless I heard from counsel as to what they think I should do. 13 And, no, I don't know what count. MS. LORBER: This is all I know. Your Honor, I took the liberty of 15 printing up the partial verdict instructions from the Model 16 Third Circuit. 17 if it would be helpful. It's 9.08, partial verdict and I have a copy 18 THE COURT: 19 partial verdicts in the past. 20 MS. LORBER: 21 00:05 All right, let's go on the record. have another question from the jurors. 14 00:04 All right. 8 11 00:04 (The following took place in open court) I am familiar with it by having taken But thank you. I would request that we give them that instruction. 22 THE COURT: 23 MR. CIPPARONE: Mr. Cipparone. I think we take the partial verdict, 24 your Honor. 25 indicating deadlocked since yesterday. They've, you know, been at this now after So, I say take the United States District Court Camden, New Jersey DA083 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 84 of 130 PageID: 4093 1900 1 2 00:05 00:05 THE COURT: 4 can return and continue deliberations if they want. 5 don't have to. 6 they want to proceed. 7 have the option of returning a partial verdict and continuing 8 with deliberations if that's what they choose or not choose. 10 They We really leave it up to the jury as to how All we're doing is telling them they MR. CIPPARONE: THE COURT: I understand. And that's what I would like to do. 11 you have any objection? 12 MR. CIPPARONE: take the partial verdict, but I understand your Honor's 14 thought on that. 15 THE COURT: 18 19 Okay. Let's get the jurors out. (Brief pause) THE DEPUTY COURT CLERK: All rise. (Jury returns to the courtroom at 3:13 p.m.) THE COURT: All right, please have a seat. 20 your question which is: 21 deadlocked on the other two, what is our next step. 22 Do My preference would be to obviously 13 17 00:08 It says I will tell them that we can take the partial verdict and they 16 00:07 Well, 9.08 doesn't say that. 3 9 00:05 partial verdict and declare a mistrial on the other two. I have If we are unanimous on one count but Members of the jury, you do not have to reach unanimous 23 agreement on all the charges before returning a verdict on 24 some of them. 25 of the charges, you may return a verdict on those charges and If you have reached unanimous agreement on some United States District Court Camden, New Jersey DA084 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 85 of 130 PageID: 4094 1901 00:08 00:08 1 then continue deliberating on the others. 2 do this, but you can if you wish. 3 if you choose to return a verdict on some of the charges now, 4 that verdict will be final. 5 your minds about it later on. 6 until the end of your deliberations and return all your 7 verdicts then. 8 to return to your deliberations and resume your work. 9 you. 10 THE COURT: So I'm going to ask you Thank All rise. All right, I've been wrong about this before, but I would suggest that counsel may not want to 14 wonder too far away, and we'll see what happens. Thank you. 15 MS. LORBER: 16 MR. CIPPARONE: 17 (The matter was then in recess while the jury Thank you, your Honor. Thank you, your Honor. deliberated) 19 00:57 The choice is yours. 13 18 00:49 Your other option is to wait (Jury leaves the courtroom at 3:15 p.m.) 12 00:09 You should understand that You will not be able to change THE DEPUTY COURT CLERK: 11 You do not have to (Defendant present). 20 (The following took place in open court) 21 THE COURT: 22 Okay, we'll make this quick. 23 things. 24 note paper. 25 Have a seat. We're apparently not done. The jury has asked for the two One, the testimony of Lieutenant Mount. Two, more So we'll prepare the testimony of Lieutenant Mount as United States District Court Camden, New Jersey DA085 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 86 of 130 PageID: 4095 1902 01:16 01:17 1 we have and we'll give it to them and Larry will give them 2 more note pads for more notes. 3 (Court in recess while the jury deliberated). 4 THE COURT: 5 MS. LORBER: 6 MR. CIPPARONE: 7 THE COURT: Take it back? 8 MS. LORBER: Yes, please. 9 MR. CIPPARONE: 10 12 THE COURT: 13 MR. CIPPARONE: 14 THE COURT: 15 stuff out. Yes. Yes. You got the message. Yes. There's sidebars. We have to weed that But we'll get it to them. (Recess) 17 (Back in open court) 18 02:10 We saw it, your Honor. (Back in open court) 16 02:10 Thank you. (Court in recess while the jury deliberated) 11 01:42 Carl, do your thing, please. THE COURT: I gave the jurors the transcript and 19 they've asked to go home. 20 at 9:30. 21 gave them the usual instructions about not talking about the 22 case, not consulting any media reports, not doing any research 23 and they could not begin deliberations until all of them are 24 in the room at 9:30. 25 We'll begin again tomorrow morning So, of course, I said that would be acceptable. I That's all the information I have. So I'll see you tomorrow morning at 9:30 then. United States District Court Camden, New Jersey Thank DA086 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 87 of 130 PageID: 4096 1903 1 you. 2 MR. CIPPARONE: 3 MS. LORBER: 4 Thank you, your Honor. Thank you, your Honor. (The matter was then concluded for the day) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States District Court Camden, New Jersey DA087 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 88 of 130 PageID: 4097 1904 1 2 I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. 3 4 /S/ Carl Nami, Official Court Reporter 5 Court Reporter/Transcriber 6 7 October 8, 2019 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States District Court Camden, New Jersey DA088 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 89 of 130 PageID: 4098 1905 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY _____________________________ 3 UNITED STATES OF AMERICA, 4 CRIMINAL NUMBER: v. 17-532 5 FRANK NUCERA, JR., 6 7 8 TRIAL Defendant. _____________________________ Mitchell H. Cohen Building & U.S. Courthouse 4th & Cooper Streets Camden, New Jersey 08101 October 9, 2019 9 10 B E F O R E: THE HONORABLE ROBERT B. KUGLER, SENIOR UNITED STATES DISTRICT JUDGE 11 A P P E A R A N C E S: 12 13 14 OFFICE OF THE UNITED STATES ATTORNEY BY: MOLLY S. LORBER R. JOSEPH GRIBKO ASST. UNITED STATES ATTORNEYS FOR THE GOVERNMENT 15 16 17 ROCCO C. CIPPARONE, JR., ESQUIRE 203-205 BLACK HORSE PIKE HADDON HEIGHTS, NEW JERSEY 08035 FOR THE DEFENDANT 18 19 20 21 22 23 24 25 Carl J. Nami, Official Court Reporter Carl_Nami@NJD.USCOURTS.GOV 609-439-5420 Proceedings recorded by mechanical stenography; transcript produced by computer-aided transcription. United States District Court Camden, New Jersey DA089 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 90 of 130 PageID: 4099 1906 00:00 00:00 00:00 1 (The following took place in open court) 2 THE COURT: 3 says: 4 That's all it says. So, the first question is, what do we do? 6 explicitly say they want to deliver this verdict. 7 say they have a verdict. 8 the verdict and we take the verdict, what's next? 9 ask? They don't They just Assuming that they want to deliver What do we What do we say? 10 MR. GRIBKO: Well, they can either deliver the 11 verdict or continue to deliberate if they want, but that's up 12 to them. 13 THE COURT: Well -- 14 MR. GRIBKO: So -- 15 THE COURT: 16 MR. GRIBKO: the thing. 18 We told them. Right, we've already told them that is So -- and they know that. THE COURT: Do we ask them if they want to continue? 19 Do we ask each of them if there's any reasonable possibility 20 that they'll come to a unanimous agreement on the other 21 counts? 22 00:01 It We have come to a unanimous decision on Count Number 3. 5 17 00:00 Okay, we have a note from the jury. Do we inquire or what do we do? MR. CIPPARONE: My preference is to inquire, Judge. 23 I mean I think at this point they've previously indicated 24 deadlocked on at least two counts twice, maybe three times 25 now, and I'm not sure from the instruction yesterday that they United States District Court Camden, New Jersey DA090 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 91 of 130 PageID: 4100 1907 1 understand they could tell us they're deadlocked. 2 think we really need to give them that option. 3 00:01 THE COURT: having me inquire of them whether there's any reasonable 5 possibility of achieving a unanimous verdict on the other 6 counts? 8 MR. GRIBKO: have to do here. 9 00:01 10 As long as we're both in agreement on it. THE COURT: I certainly am. So I'll ask them one at a time. I'll ask 11 all 12 of them each individually whether they think that 12 there's a reasonable possibility of reaching a unanimous 13 verdict on the other counts. 14 MR. CIPPARONE: 15 MR. GRIBKO: Okay? I'm fine with that, Judge. One issue I guess is Count two is sort 16 of oddly formulated for like, they may have a decision as to 17 the first three and that's the fourth? 19 THE COURT: Well, they don't have a decision unless they have a decision on all of them. 20 MR. GRIBKO: I know. Well, I guess that's, that's 21 true, right. 22 if they have an answer on the first three, it's lesser 23 included. 24 00:02 I think that, I think that's what we MR. CIPPARONE: 18 00:02 What does the government think about it, 4 7 00:01 And so I 25 I mean we all know what the distinction is, but But I don't think we can go there. THE COURT: Counsel, I'm just asking what you suggest we do at this point. United States District Court Camden, New Jersey DA091 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 92 of 130 PageID: 4101 1908 00:02 1 MR. GRIBKO: 2 THE COURT: 00:03 and as I thought they didn't really tell us before they had a 4 verdict. 5 deadlocked on the other two, what is our next step. 6 the first time they've told us they are unanimous on a count. So, okay. This is The first thing is I'll ask them, we'll bring them all in, I'll take attendance. 9 ask the Spokesperson if they want to deliver this verdict at I'll ask them, I'll 10 this time on Count three. 11 the verdict. 12 deliberating, but do I remind them that they can? 13 them to tell us what they want to do? 14 approach the subject of further deliberations. 15 Assuming she says yes, we'll take Then I mean they know they can continue MR. GRIBKO: Do I tell How do you want me to I think you remind them that they can, 16 but tell them that if they don't want to, they can tell us 17 they're deadlocked. 19 I think that's -- MR. CIPPARONE: I think at this point we should tell them that at least that latter portion as well. 20 THE COURT: 21 MR. CIPPARONE: 22 THE COURT: 23 00:03 They just said if we are unanimous on one count but 8 18 00:03 I'm looking back at question number eight 3 7 00:03 I think -- Okay, that's what we'll do. Thank you. Get the jury. Is there anything else you want to put on the record before we bring the jury out? 24 MR. CIPPARONE: 25 MS. LORBER: No, your Honor. No, your Honor. United States District Court Camden, New Jersey DA092 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 93 of 130 PageID: 4102 1909 1 THE COURT: 2 (Brief pause) 3 THE DEPUTY COURT CLERK: 4 00:04 We have your note 7 3. Miss , is that the intention or desire of the jury to return that verdict as to Count three at this time? 10 THE JURY FOREPERSON: 11 THE COURT: 13 14 00:07 Please have a seat. that says we have come to a unanimous decision on Count Number 12 00:06 THE COURT: 6 9 00:06 All rise. (Jury enters the courtroom at 4:25 p.m.) 5 8 00:05 Okay. take attendance. Yes, it is. Let me take roll, like I promised I would Miss , just tell me you're here. (The Judge took attendance and all responded here) THE COURT: All right. Miss , if you will 15 please stand? 16 give me the answer on behalf of the jury, please. Okay, I will read you the question and you will 17 THE JURY FOREPERSON: 18 THE COURT: Okay. Count three. With respect to Count 19 three, which charges the defendant, Frank Nucera, Jr., on or 20 about December 22, 2016, willfully making a statement or 21 representation that was both material and false, fictitious or 22 fraudulent in a matter within the jurisdiction of the 23 government of the United States in violation of Title 18, 24 United States Code, Section 1001, we the unanimous jury find 25 the defendant Frank Nucera, Jr. United States District Court Camden, New Jersey DA093 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 94 of 130 PageID: 4103 1910 1 THE JURY FOREPERSON: 2 THE COURT: 3 00:07 00:07 00:08 00:08 00:08 Guilty. Was that a unanimous decision of all jurors? 4 THE JURY FOREPERSON: 5 THE COURT: Yes, it is. All right, I'm going to poll the jury now 6 and I'll ask each of you in turn if you agree or disagree with 7 the verdicts as announced by Miss . 8 (Jury is polled and found to be unanimous) 9 THE COURT: All right. May I have that? File that, 10 please. 11 and gentlemen is what's next? 12 have the right and the ability to continue deliberating on the 13 other counts. 14 to ask you to do is go back in the room and then please inform 15 me after you've discussed it whether you would like to 16 continue or whether or not you think there's no reasonable 17 possibility of reaching a unanimous verdict on these two 18 Counts. 19 from you. Have a seat. Okay? So the obvious next question, ladies As I told you yesterday, you This is entirely up to you. But what I'm going I'll ask you to return and we'll wait to hear Thank you very much. 20 THE DEPUTY COURT CLERK: 21 (Jury leaves the courtroom at 4:28 p.m.) 22 THE COURT: 23 MR. CIPPARONE: 24 MS. LORBER: 25 THE COURT: All rise. Anything for the record, counsel? No, your Honor. No, your Honor. Stand adjourned until we hear back from United States District Court Camden, New Jersey DA094 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 95 of 130 PageID: 4104 1911 1 the jury. Thank you, everyone. 2 (Recess). 3 (The following took place in open court) 4 00:19 00:20 THE COURT: Have a seat. Thank you. The jurors have 5 gone home for the evening and they will let us know in the 6 morning how they want to proceed from here. 7 else to say. 8 minute. 9 going to be February, but we'll give you that in just a 10 11 minute. That's all I can tell you. I have nothing Hang around for a I have to give you a sentencing date. Okay? I think it's All right, thank you, everybody. (The matter was then concluded for the day). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States District Court Camden, New Jersey DA095 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 96 of 130 PageID: 4105 1912 1 2 I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. 3 4 /S/ Carl Nami, Official Court Reporter 5 Court Reporter/Transcriber 6 7 October 9, 2019 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States District Court Camden, New Jersey DA096 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 97 of 130 PageID: 4106 1913 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY _____________________________ 3 UNITED STATES OF AMERICA, 4 CRIMINAL NUMBER: v. 17-532 5 FRANK NUCERA, JR., 6 7 8 TRIAL Defendant. _____________________________ Mitchell H. Cohen Building & U.S. Courthouse 4th & Cooper Streets Camden, New Jersey 08101 October 10, 2019 9 10 B E F O R E: THE HONORABLE ROBERT B. KUGLER, SENIOR UNITED STATES DISTRICT JUDGE 11 A P P E A R A N C E S: 12 13 14 OFFICE OF THE UNITED STATES ATTORNEY BY: MOLLY S. LORBER R. JOSEPH GRIBKO ASST. UNITED STATES ATTORNEYS FOR THE GOVERNMENT 15 16 17 ROCCO C. CIPPARONE, JR., ESQUIRE 203-205 BLACK HORSE PIKE HADDON HEIGHTS, NEW JERSEY 08035 FOR THE DEFENDANT 18 19 20 21 22 23 24 25 Carl J. Nami, Official Court Reporter Carl_Nami@NJD.USCOURTS.GOV 609-439-5420 Proceedings recorded by mechanical stenography; transcript produced by computer-aided transcription. (The following took place at sidebar) United States District Court Camden, New Jersey DA097 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 98 of 130 PageID: 4107 1914 1 (Afternoon Session) 2 THE COURT: Come over here to sidebar. 3 MS. LORBER: Sure. 4 00:03 (The following took place at sidebar) 5 THE COURT: 00:04 haven't come to a unanimous decision on anything. 7 know what to tell you, but I don't think we need to explain 8 maybe this to them now. MR. GRIBKO: 10 THE COURT: Maybe we don't. Because as you know, I'm going to be unavailable after tomorrow. 12 a verdict. Judge Bumb will take I'll be here today and tomorrow. 13 MR. GRIBKO: 14 THE COURT: You'll be here tomorrow, okay. I'll be here tomorrow. The question is 15 whether we should tell them that I will not be here next week 16 and that another Judge will take the verdict. 17 know. MR. GRIBKO: tell them tomorrow? 20 THE COURT: 21 MS. LORBER: 25 Do we have to tell them today or can we I can tell them tomorrow I guess. I think I would prefer to tell them tomorrow. 23 24 Just so they I think we should, but I don't want to do it. 19 22 00:04 I don't Maybe we don't. 11 18 00:04 Clearly you know they 6 9 00:04 I have no news. MR. CIPPARONE: Yeah, I'm fine with telling them tomorrow. THE COURT: I can tell them in the morning. United States District Court Camden, New Jersey DA098 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 99 of 130 PageID: 4108 1915 1 MR. CIPPARONE: 2 THE COURT: 3 THE DEPUTY COURT CLERK: 4 00:04 00:05 5 Yes. They wish to come back tomorrow. THE COURT: All right, so same deal, tell them they 6 can go home and come back tomorrow. 7 to anyone, don't read anything in the media, can't discuss the 8 case until they all get here. 9 announcement. 10 11 00:05 Yes, that's a good idea. General rules, don't talk All right, I'll make the (The following took place back in open Court) THE COURT: The jury has just informed us that they 12 want to come back tomorrow. 13 morning at 9:30 and that's all I know. 14 Thank you for hanging in there. 15 (The Judge then left the courtroom and the matter then 16 So they'll be back tomorrow Sorry. concluded for the day) 17 18 19 20 21 22 23 24 25 United States District Court Camden, New Jersey DA099 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 100 of 130 PageID: 4109 1916 1 I certify that the foregoing is a correct transcript from the 2 record of proceedings in the above-entitled matter. 3 4 /S/ Carl Nami, Official Court Reporter 5 Court Reporter/Transcriber 6 7 October 10, 2019 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States District Court Camden, New Jersey DA100 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 101 of 130 PageID: 4110 1917 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY _____________________________ 3 UNITED STATES OF AMERICA, 4 CRIMINAL NUMBER: v. 17-532 5 FRANK NUCERA, JR., 6 7 8 TRIAL Defendant. _____________________________ Mitchell H. Cohen Building & U.S. Courthouse 4th & Cooper Streets Camden, New Jersey 08101 October 11, 2019 9 10 B E F O R E: THE HONORABLE ROBERT B. KUGLER, SENIOR UNITED STATES DISTRICT JUDGE 11 A P P E A R A N C E S: 12 13 14 OFFICE OF THE UNITED STATES ATTORNEY BY: MOLLY S. LORBER R. JOSEPH GRIBKO ASST. UNITED STATES ATTORNEYS FOR THE GOVERNMENT 15 16 17 ROCCO C. CIPPARONE, JR., ESQUIRE 203-205 BLACK HORSE PIKE HADDON HEIGHTS, NEW JERSEY 08035 FOR THE DEFENDANT 18 19 20 21 22 23 24 25 Carl J. Nami, Official Court Reporter Carl_Nami@NJD.USCOURTS.GOV 609-439-5420 Proceedings recorded by mechanical stenography; transcript produced by computer-aided transcription. United States District Court Camden, New Jersey DA101 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 102 of 130 PageID: 4111 1918 1 (The following took place in open court) 2 3 4 01:26 5 01:27 01:27 please. (THE FOLLOWING TOOK PLACE AT SIDEBAR) THE COURT: We will deal with the Juror's note in public on the record, but I got another note, which because of 7 the nature of it, we're not going to deal with it in public. 8 I'm going to seal it, but I want you to see it. Now I intend to speak with her once I discharge the 10 jury because we do have counseling available for jurors, but I 11 wanted you to see it. 12 to say about this or not. 13 minutes to speak with your client about the other note. 14 so I want it to be as clear as possible. 15 want to make any applications made about this or not. 16 you may want to spend a few minutes thinking about it. 17 entirely up to you. I don't know if you have anything else I mean you can have a couple 18 MR. CIPPARONE: 19 couple minutes to think about it. 20 THE COURT: 21 MR. CIPPARONE: 22 THE COURT: 23 01:27 Why don't we go sidebar, counsel, 6 9 01:27 THE COURT: And I don't know if you I mean It's I was going to ask if I could have a Yes. I appreciate it. You can have a couple minutes to speak with your client about the other note. 24 MR. CIPPARONE: 25 THE COURT: Okay? I will. All right. Thank you. United States District Court Camden, New Jersey DA102 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 103 of 130 PageID: 4112 1919 1 (SIDEBAR ENDED) 2 (Brief recess) 3 (The following took place back in open court) 4 01:34 THE COURT: 5 sidebar about anything? 6 MR. CIPPARONE: 7 THE COURT: 8 01:35 01:35 01:36 Okay. Do you need to go to For a moment, Judge. If that's okay? Sure. (THE FOLLOWING TOOK PLACE AT SIDEBAR) 9 01:35 All right. MR. CIPPARONE: Okay, thank you. Judge, this is in 10 regards to Miss 11 situation that I've confronted before. 12 just kind of think about whether there's any potential impact 13 on the Count 3 verdict or not. 14 that. 15 . THE COURT: This is not just in regards to a So I would like to I don't know how to handle Well, I've had other jurors in past cases 16 seek counselling. 17 make jurors temporary special employees of the United States 18 government and it entitles them to the United States 19 government employee benefits being that all employees of the 20 United States government have a right to counseling sessions. 21 It's done through the United States Public Health Services and 22 the jurors are entitled to six free sessions and after that 23 they can continue on their own money or through their 24 insurance and they're told that. 25 don't know, but I haven't spoken to her. We, the courts have a program whereby we Why she wrote the note I United States District Court Camden, New Jersey DA103 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 104 of 130 PageID: 4113 1920 01:36 01:36 1 MR. CIPPARONE: 2 THE COURT: to her request if and when we discharge the jury. 4 it's the first indication I've had that anyone intends to use 5 that benefit. 6 wouldn't be surprised if others do, but it's entirely 7 confidential. 01:37 Clearly But given the length of deliberations, I 8 MR. CIPPARONE: 9 THE COURT: Right. They don't know what each other is 10 asking. 11 in motion and I refer it to the Public Health Service and I 12 have no idea what happens after that. 13 jurors in the past use the program. And all that I know is someone's request and set it MR. CIPPARONE: But I did, I have had That's all I know. That's my only -- and this is, this 15 is my personal perception, I sensed a little hesitation on her 16 part for the jurors to be polled on the Count 3 verdict and 17 that started my wheels spinning in that regard. 18 01:37 But I intend to speak to her in response 3 14 01:37 Right. THE COURT: Well, frankly, my observation was she 19 wasn't the only one. 20 it's not unusual for jurors to have slight hesitation when I'm 21 polling the jurors. 22 didn't take anything of it from anyone, but that's what I 23 know. 24 opportunity to make them. 25 And my observation always is is that It's a big deal asking of them. So I I mean if you have any motions to make, you'll have the MR. CIPPARONE: I can preserve that for now. United States District Court Camden, New Jersey Thank DA104 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 105 of 130 PageID: 4114 1921 1 01:37 you. 2 THE COURT: 3 MR. CIPPARONE: 4 THE COURT: 5 MR. CIPPARONE: 7 MS. LORBER: 10 Thank you. Thank you, your Honor. THE COURT: All right, we have that note from the 11 jury signed by the Spokesperson. 12 deadlocked on Counts 1 and 2. MR. CIPPARONE: It says: The jury is Mr. Cipparone, any application? I would have an application for a 14 mistrial at this point, your Honor. 15 the jury's been deliberating. 16 the third note about being deadlocked, and I think they've 17 given it a lot of effort and it's been a long time. THE COURT: Well, clearly not the first time they've indicated they're having difficulty. 20 position? MS. LORBER: It's been seven days that This is, I think close, call it 19 21 01:39 Great. (The following took place back in open court) 18 01:38 Okay. Okay? (SIDEBAR ENDS) 13 01:38 Let's go on the record about what you 6 9 Thank you. want to do about the public note we got. 8 01:38 Sure. What's the government's Well, your Honor, I think we should ask 22 them whether they feel there's any reasonable probability that 23 they can reach a unanimous verdict and then be satisfied with 24 their answer, because I do agree with Mr. Cipparone that this 25 jury has been incredibly conscientious. United States District Court Camden, New Jersey DA105 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 106 of 130 PageID: 4115 1922 1 01:39 THE COURT: 2 out and I will ask them if there's any reasonable possibility 3 that they can reach a unanimous verdict and we'll see what 4 they say and go from there. 5 (Pause) 6 THE DEPUTY COURT CLERK: 7 9 10 THE COURT: 01:42 01:42 Have a seat, ladies and gentlemen. We have your note which you say, the jury is deadlocked on Counts 1 and 2. 11 01:42 All rise. (Jury enters the courtroom at 11:00 a.m.) 8 01:42 All right, why don't we bring the jurors What I'd like to do is ask you, and we'll start with 12 Miss 13 possibility that further deliberations would yield a unanimous 14 verdict on either of the remaining counts? whether you believe there's any reasonable 15 JUROR 16 THE COURT: 17 JUROR 18 THE COURT: : Miss . I don't. Miss : . I do not. Miss , do you think there is 19 any chance, any reasonable chance that further deliberations 20 would yield a unanimous verdict on the remaining count? 21 or no. 22 JUROR 23 THE COURT: Miss 24 JUROR : 25 THE COURT: Mr. : Yes No. ? No. ? United States District Court Camden, New Jersey DA106 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 107 of 130 PageID: 4116 1923 01:43 01:43 01:43 1 JUROR 2 THE COURT: 3 JUROR 4 THE COURT: 5 JUROR 6 THE COURT: 7 JUROR 8 THE COURT: 9 JUROR 01:43 : ? No. Miss : THE COURT: 13 JUROR 14 THE COURT: 15 JUROR 16 THE COURT: ? No. Mr. ? : No, sir. Mr. ? : No. And Miss : . No. All right. Counsel, sidebar? Stay there, ladies and gentlemen, if you would, please. (THE FOLLOWING TOOK PLACE AT SIDEBAR) THE COURT: I assume that you're going to repeat your motion for a mistrial. 21 MR. CIPPARONE: 22 THE COURT: 23 MR. GRIBKO: 25 No. Miss 12 24 . : JUROR 20 No. Mr. 11 19 ? : THE COURT: 18 I hate to say it, but no. Mr. 10 17 01:43 : That's correct, your Honor. What's the government's position? No, at this point, I don't think so, your Honor. THE COURT: All right, I'll grant the motion for a United States District Court Camden, New Jersey DA107 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 108 of 130 PageID: 4117 1924 01:44 1 mistrial. 2 They've worked very hard and has taken prior opportunities to 3 continue to deliberate, even though they had indicated they 4 had difficulty reaching a unanimous decision. 5 there is no possibility of them reaching a unanimous agreement 6 on the remaining counts. 7 So the mistrial is granted. 8 Let me dismiss the jurors. 9 01:44 01:44 We're going to set a status conference for November the thirteenth at 3:30, and we'll give you these dates. 11 the government will inform me whether they will continue to 12 and to retry this case. 13 MR. CIPPARONE: 14 THE COURT: 15 MR. CIPPARONE: 16 THE COURT: The sentencing date remains at which I time I assume that's okay with you? Sure. We'll wait until then? Yes. We'll let them go, and I'll have to go back and talk to them. I have things to say to them. 18 MR. CIPPARONE: 19 THE COURT: 20 MR. GRIBKO: Thank you. 21 MS. LORBER: Thank you, your Honor. 22 23 24 01:45 I'm satisfied 10 17 01:44 Clearly the jury has been very conscientious. 25 Okay. Thank you very much. (SIDEBAR ENDED) (The following took place back in open court) THE COURT: Ladies and gentlemen, I'm going to declare a mistrial in this case, which means that your service United States District Court Camden, New Jersey DA108 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 109 of 130 PageID: 4118 1925 01:45 01:46 01:46 1 is done. 2 anyone down. 3 all very much appreciate it. 4 was going to be easy. 5 interesting anyway. 6 be made and you should be proud of the service that you've 7 rendered to your nation. 8 speak for the people of this nation. 9 democracy works. We all believe that you've done your best and we I never promised you that this I hope you have found it to be It's a difficult decision that needs to As jurors, you are the people. You This is how our As powerful as my position is, I don't have authority under our Constitutional laws to make that decision. 11 I thank you for your service, and I'm going to ask you to go 12 back to your deliberation room. 13 talk to you about. 14 you'll be free to go. 15 Please, please, don't think you've let anyone down. You have done your very best. 17 and we very much appreciate it. 20 I have some other things to I have paperwork to give you and then 16 19 01:47 You have not let 10 18 01:47 Please don't be disappointed. You've been here a long time THE DEPUTY COURT CLERK: So thank you. All rise. (Jury leaves the courtroom at 11:05 a.m.) THE COURT: All right, the sentencing on Count 3 21 remains as scheduled, February 6th at 9:30. 22 status conference on November 13th at 3:30 p.m. in which time 23 I will expect the Government to indicate whether they wish to 24 retry this case. 25 on the remaining two Counts at that time. We'll have a And if so, then we will schedule the trial But I have to tell United States District Court Camden, New Jersey DA109 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 110 of 130 PageID: 4119 1926 1 you, I'm very skeptical that we'll get to it before the end of 2 this year because of my schedule. 3 01:47 Counsel, I say you did a wonderful, professional job on 4 both sides. 5 jury did its best and we'll have to just wait and see what 6 happens. 7 8 9 01:47 Thank you. 10 It is a difficult decision. And obviously the So thank you, everybody. MR. CIPPARONE: I appreciate that. Thank you, your Honor. MS. LORBER: Thank you, your Honor. (The matter was then concluded) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States District Court Camden, New Jersey DA110 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 111 of 130 PageID: 4120 1927 1 I certify that the foregoing is a correct transcript from the 2 record of proceedings in the above-entitled matter. 3 4 /S/ Carl Nami, Official Court Reporter 5 Court Reporter/Transcriber 6 7 October 14, 2019 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States District Court Camden, New Jersey DA111 012032140Case 5 1:17-cr-00532-RBK 6789ÿ 8 ÿ Document ÿ ÿ 8 139-2 ÿ ÿ 6 ÿ Filed ÿ 12/17/19 ÿ ÿ8 Page ÿ! ÿ"7# ÿ112 ! 8 of $ ÿ% 130 %ÿ ÿPageID: % ÿ 9! 8 4121 $ \Tˆ‹ˆ^_Uÿ½bb_„„ •cØÿ”T ÏÅÙÎ ÎÒÍÌÊÎ OÚÎÇÏÅÎÎ ÍÒÇÏÇÍÏ ÒÍÆÇÊÇÛÎ ÅÏÊÅÌÊÉÇÏIÅÏÊ ÆÇÑÅ ÑÍÍZ ËÅÉÆÊË ÌÅÉÆÿÅÎÊÉÊÅ ÍOÇÊÚÉÌÇÅÎÜ —˜ ™š›˜œÿŸ— ÿ¡ÿŸ¢£š¤œ¥›¦ÿŸ— ÿ§ ¢¦¦¨ ©ª«¬­ª®¯ÿ±²³²ÿ́³ªµ¶¯´·ª¯ª¸¹̧ªµ ºŸ»¼ ½¾¿ÀÁ’”ÂÀÃÀĒ &'()ÿ+,(-./0ÿ10ÿ2-/23,45-2ÿ6(1/3ÿ,+ÿ78&8ÿ-9:;,3144/<01)-A< +=ÿ>-?ÿ ( / 3 1 @ 2ÿ Aÿ B ' C 6 ÿ A( 0 D 6 ÿ E,1 0 Eÿ 6 ,ÿ E6 ( D FGÿIJKLMNJÿOPQMJGÿSTUÿVPWXNMJÿIYZLMNJK[ÿ\]US^_Uÿ̀ab^cd_eÿff[ÿghfi ÅÆÇÈÉOÅÊËÿÌÍOÅÌÊÎÍÏÿÐÿÎÊÉÑÑÿÒËÍÊÍÓÌÉÒËÅÌ ÔÕÖ× jklmÿmloolpqÿjklmÿrlstqÿjklmÿuovwwlpÿpxxyuqÿjklmÿtxxzÿ{ }ylvu{ ~omÿyl€l tÿuwxz{ ~ÿ‚ylvzuqÿjklmÿuty~~olpÿr{tkÿ{uuluÿx yv}lq ƒ^^]„`……†††‡ˆT‰Šˆe_e‡bc‹…T_†„…TŠb_eSŒeSTŽŒ]cˆb_Œbƒˆ_ŒdceU_T^c†TŒ‹ˆ„^eˆSŒŠece„ŒƒS^_Œbeˆ‹_ŒS„„SŠ^ŒghfifhfDA112 g‡ƒ^‹ ‘ÿghfiÿ’ƒ_ÿ“ƒˆSU_]ƒˆSÿ”T‰Šˆe_e[ÿ••– 2 012032140Case 5 1:17-cr-00532-RBK 6789ÿ 8 ÿ Document ÿ ÿ 8 139-2 ÿ ÿ 6 ÿ Filed ÿ 12/17/19 ÿ ÿ8 Page ÿ! ÿ"7# ÿ113 ! 8 of $ ÿ% 130 %ÿ ÿPageID: % ÿ 9! 8 4122 $ &'(ÿ*+,-.ÿ/0123ÿ.-*ÿ45('(2ÿ/*60.*/ÿ-*0.*/713ÿ.(1+8,ÿ.'ÿ(*09-ÿ0ÿ:*(/+9.;ÿ<5.ÿ+8ÿ.-*ÿ*8/3ÿ.-*1ÿ9'57/ÿ8'.ÿ0,(**ÿ'8ÿ.-*ÿ.='ÿ>'2. 2*(+'52ÿ9-0(,*2ÿ0,0+82.ÿ?'(>*(ÿ<'(/*8.'=8ÿ@'=82-+AÿB'7+9*ÿC-+*?ÿ&(08DÿE59*(0ÿF(;3ÿ=-'ÿ=02ÿ09952*/ÿ'?ÿ52+8,ÿ*G9*22+:* ?'(9*ÿ08/ÿ/*81+8,ÿ.-*ÿ9+:+7ÿ(+,-.2ÿ'?ÿ@+>'.-1ÿH.('1*3ÿ0ÿ6709Dÿ>083ÿ/5(+8,ÿ0ÿIJKLÿA'7+9*ÿ9077; MNOPQNRÿTQUMVNT WXYZY[ÿ][^ÿ_ZYÿ̀ZYaÿbc̀aÿcdÿe]bafgYc̀aÿbYc]hÿ]i]cd[bÿ_ZY`aYÿjakÿWaY[alÿmZhcgaÿgeca_ WXYlÿ_cdn[ÿ_ZY`aYÿjoWoÿmZhcgaÿgeca_ÿiXchblÿZ_ÿhlcdiÿbZÿpqr stfuZXbeÿWaY[alÿmZhcgaÿgeca_ÿ[]l[ÿeaÿkZdvbÿba[bc_lÿ]bÿec[ÿe]bafgYc̀aÿ][[]XhbÿbYc]h w8/ÿ0?.*(ÿ/*7+6*(0.+8,ÿ?'(ÿ06'5.ÿxyÿ-'5(23ÿ.-*ÿ8+8*ÿ=-+.*ÿ08/ÿ.-(**ÿ6709Dÿ45('(2ÿ.'7/ÿz;H;ÿ{+2.(+9.ÿF5/,*ÿ '6*(.ÿ}5,7*(ÿ'8 &(+/01ÿ.-0.ÿ.-*1ÿ9'57/ÿ8'.ÿ(*09-ÿ0ÿ5808+>'52ÿ:*(/+9.ÿ+8ÿ.-*ÿ.(+073ÿ=-+9-ÿ-0/ÿA701*/ÿ'5.ÿ':*(ÿ.-(**ÿ=**D2ÿ+8ÿ?*/*(07ÿ9'5(.ÿ+8 C0>/*8;ÿ@-*ÿ45/,*ÿ/*970(*/ÿ0ÿ>+2.(+07; ~8ÿ+8.*(:+*=2ÿ0?.*(=0(/3ÿ.='ÿw?(+908ÿw>*(+908ÿ='>*8ÿ'8ÿ.-*ÿ45(1ÿA(':+/*/ÿ0ÿ7''Dÿ+8.'ÿ.-*ÿ2=+(7+8,ÿ*>'.+'82ÿ+8ÿ.-* /*7+6*(0.+'8ÿ(''>; ÛÜÝÞßÕ×àÞáÞâÕ €*ÿ=*(*ÿ077ÿ0?(0+/ÿ.-0.ÿ+?ÿ=*ÿ/+/8.ÿ/'ÿ2'>*.-+8,ÿ.'ÿ.-+2ÿ,513ÿ-*ÿ=02ÿ452.ÿ,'+8,ÿ.'ÿ7+:*ÿ0ÿ7+?*ÿ'?ÿ75G5(13ÿ08/ÿ>016*ÿ.-*(*ÿ=028. ,'+8,ÿ.'ÿ6*ÿ0ÿ2*9'8/ÿ.(+073‚ÿ20+/ÿB0>*70ÿ +9-0(/2'83ÿLƒ3ÿ'8*ÿ'?ÿ.-(**ÿ6709Dÿ?*>07*ÿ45('(2;ÿ@-0.2ÿ2'>*.-+8,ÿ=*ÿ077ÿ„ÿD*A. 201+8,ÿ=023ÿ…~?ÿ=*ÿ/'8.ÿ/'ÿ+.3ÿ=-'2ÿ,'+8,ÿ.'ÿ/'ÿ+.†‚ ‡ÿ‰Š‹ŒÿŽ‰ŠÿŠ‘’“”•–—˜“™—ÿš“›œ–ÿžœ–Ÿ ¡ÿ¢œ¡˜”œ£›ÿ¡ž“™¡ÿ˜ž£˜ÿ™–ÿ¡˜œ››ÿž£¤–ÿ£ÿ›“˜ÿ“Ÿÿ™“”¥ÿ˜“ÿ•“ÿ™ž–—ÿœ˜ÿ“¢–¡ÿ˜“ ”£–ÿ¦ÿ§–—œ–ÿ‹”¢¡˜”“—¨ V©ª«VMNMÿ¬UM©V©­ÿ©N®TONQQNM ¯°±ÿ±³°ÿ́°µ¶ÿ·¸¹ÿ́°°ºÿ±¸ÿ¶±»¼±ÿ·¸¹¼ÿº»· ·¸¹¼½°¾»¿ÀÁ¸¾ ucidÿÃm @-*ÿ20>*ÿA08*7ÿ*0(7+*(ÿ.-+2ÿ=**Dÿ?'58/ÿE59*(0ÿ,5+7.1ÿ'?ÿ71+8,ÿ.'ÿ.-*ÿ&<~;ÿF5(1ÿ?'(*>08ÿ}+0ÿÄ+A29'>6ÿ20+/ÿ45('(2ÿ=*(*ÿ2A7+. 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Works at Retired See-?s About Info F?ends DA117 Case Document 139-2 Filed 12/17/19 Page 118 of 130 PageID: 4127 q) I 7250 -I DA118 Case Document 139-2 Filed 12/17/19 Page 119 of 130 PageID: 4128 7:51 6? Now that profeesional athetes are losing money and jobs due to the'r poor behavior against cn-e?ren and n?xomen, when are correctional officers and policemen going to De sanctioned? Does this mean that one sex; we are going to ask for a=l men to stop the vioience against -:.onten and chiidrenthe point there is no violence at eii? Oh, ?i must be but it a great dream. (JII _?ar90 a page via StumbleUpon. DA119 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 120 of 130 PageID: 4129 239 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY _____________________________ 3 UNITED STATES OF AMERICA, 4 CRIMINAL NUMBER: v. 17-532 5 FRANK NUCERA, JR., 6 7 8 TRIAL Defendant. _____________________________ Mitchell H. Cohen Building & U.S. Courthouse 4th & Cooper Streets Camden, New Jersey 08101 September 18, 2019 9 10 B E F O R E: THE HONORABLE ROBERT B. KUGLER, SENIOR UNITED STATES DISTRICT JUDGE 11 A P P E A R A N C E S: 12 13 14 OFFICE OF THE UNITED STATES ATTORNEY BY: MOLLY S. LORBER R. JOSEPH GRIBKO ASST. UNITED STATES ATTORNEYS FOR THE GOVERNMENT 15 16 17 ROCCO C. CIPPARONE, JR., ESQUIRE 203-205 BLACK HORSE PIKE HADDON HEIGHTS, NEW JERSEY 08035 FOR THE DEFENDANT 18 19 20 21 22 23 24 25 Carl J. Nami, Official Court Reporter Carl_Nami@NJD.USCOURTS.GOV 609-439-5420 Proceedings recorded by mechanical stenography; transcript produced by computer-aided transcription. United States District Court Camden, New Jersey DA120 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 121 of 130 PageID: 4130 274 1 MR. CIPPARONE: 2 THE COURT: 3 01:20 A JUROR: 5 THE COURT: 8 THE COURT: 9 MS. LORBER: 01:21 Thank you for coming in. We'll be in No applications, correct? Correct. 10 MR. CIPPARONE: 11 THE COURT: Correct. Okay. (Juror enters the courtroom) 13 THE COURT: 14 A JUROR: 15 THE COURT: 16 01:20 Thank you. (Juror leaves the courtroom) 12 01:20 You may go touch shortly. 7 01:20 That's all we need, Mr. Rego. back in your room. 4 6 No questions, your Honor. in. Ms. , good morning. Good morning. I'm Judge Kugler. Thank you for coming May I ask you to have a seat right here. 17 A JUROR: 18 THE COURT: 19 A JUROR: 20 THE COURT: Okay. How are you today? Good. In the questionnaire we gave you the 21 names of the lawyers, you indicated you did not know them. 22 But I'm going to have then introduce themselves to you because 23 I want to make sure you don't recognize them. 24 A JUROR: 25 THE COURT: Okay. We'll start with the government. United States District Court Camden, New Jersey We'll DA121 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 122 of 130 PageID: 4131 275 1 start with the prosecutors. 2 Ms. Lorber, will you start, please. 3 4 01:21 MS. LORBER: MR. GRIBKO: MR. CIPPARONE: 01:21 01:21 01:22 My name is Joe Gribko, I Hi. My name is Rocco Cipparone and this is my client Frank Nucera. 9 01:21 Good morning. also work for the U.S. Attorney's Office. 7 8 My name is Molly Lorber, I work for the U.S. Attorney's Office. 5 6 Good morning. THE COURT: 10 A JUROR: 11 THE COURT: Do you recognize anyone? No. I have some questions for you. 12 BY THE COURT: 13 Q. 14 violence charge at some point? 15 A. Yes. 16 Q. But in 63 you say he was the victim in the above case. 17 So your brother was the victim, is that right? 18 A. Correct. 19 Q. So nothing happened to your brother as a result of this? 20 A. Well, the trial is still -- I mean, the situation is 21 still going on. 22 Q. 23 relative or friend ever been charged, that's who you're 24 referring to, that's the only one? 25 A. Your brother was charged in California with a domestic Okay. And when you answered question 61, has any Yes. United States District Court Camden, New Jersey DA122 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 123 of 130 PageID: 4132 276 01:22 01:22 1 Q. 2 I said, there are no right or wrong answers, we're just 3 interested in your response, we want to make sure we 4 understand. Okay. 5 89: 01:23 01:23 And, as Do you believe that if someone uses racially 6 charged derogatory words verbally, that such person would be 7 inclined to act with physical aggression as well. 8 person can't contain themselves from using derogatory words in 9 a professional setting, it can, and you underline can, lead to 10 Yes, when a physical aggression. 11 01:23 Question 89, I'm going to show it to you. Correct? 12 A. Correct. 13 Q. Okay. 14 testimony that the defendant Mr. Nucera used racial epithets 15 included the N-word. 16 among the allegations, among the crimes alleged, and it's just 17 allegations, he's entitled to the presumption of innocence, 18 that Mr. Nucera during, he was a police chief, police officer, 19 during the course of an arrest of a young African American 20 male, he allegedly used excessive force and the reason was a 21 racial motivation, he was racially motivated to use excessive 22 force. In this case the jurors are going to hear There's also allegations in the case, 23 Now, the reason for that question and the reason for my 24 questions is I want to make sure you're able to separate these 25 two concepts, the use of the language, the racial epithets, United States District Court Camden, New Jersey DA123 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 124 of 130 PageID: 4133 277 01:24 01:24 01:24 01:24 01:25 1 that in and of itself is not a crime. 2 A. Correct. 3 Q. Anyone, as awful as it is, can say things. 4 allegations of crimes here, the excessive force, racial 5 motivation. But there are I want to make sure you understand that. 6 Let's assume you're a juror and let's assume he did in 7 fact use those words, I want to make sure you understand that 8 that does not make him guilty by itself of the physical force 9 charged. 10 Do you understand that? 11 A. Correct. 12 Q. Do you have any difficulty understanding that? 13 A. No. 14 Q. Do you have any difficulty separating those two concepts 15 in your mind? 16 A. No. 17 Q. Okay. 18 A. Yes. 19 Q. -- how many times have they been pulled over? 20 A. My oldest on the way home from work got pulled over three 21 times in a basically maybe five-mile period. 22 has gotten pulled over maybe two times. 23 Q. 24 of time? 25 A. 93, your sons -- The oldest three times in five miles. And my youngest Over what period The same night. United States District Court Camden, New Jersey DA124 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 125 of 130 PageID: 4134 278 01:25 01:25 01:26 01:26 01:26 1 Q. Oh, the same night. 2 A. Yeah, the same night. 3 Q. Who pulled him over, do you know? 4 A. He used to work at the CVS pharmacy in Medford and he was 5 on his way home like around 11:00 at night. 6 pulled out onto 70, he got pulled over immediately, they were 7 wondering why he was out so late. 8 which is where we live, he got pulled over again. 9 when he did the jug handle to enter our development, he got And when he When he arrived in Marlton, And then 10 pulled over a third time. 11 Q. 12 cop? 13 A. No, it wasn't the same cop. 14 Q. Two different jurisdictions, three different cops. 15 A. Three different. 16 Q. How about your youngest? 17 A. Same jurisdiction, Marlton. 18 Q. Same time or two different times? 19 A. Two different times. 20 Q. And you believe the reason they were pulled over is 21 because of race? 22 A. 23 very light, so he wouldn't have been able to tell if he was 24 black or white. 25 I guess questioning why he was out so late. This was different jurisdictions. It wasn't the same Not with my oldest because it was dark and my oldest is He probably would have thought he was white. United States District Court Camden, New Jersey DA125 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 126 of 130 PageID: 4135 279 01:26 1 Q. And your youngest? 2 A. Maybe, maybe not. 3 Q. Do you believe the police were wrong to do that? 4 A. I think with my oldest, I think -- who knows what was 5 going on that night, it could have been there was some 6 robberies or something going on and they were, you know, 7 checking people out on the road that late at night. 8 9 01:27 01:27 01:27 01:28 Maybe, maybe not? Maybe because he's a young kid. With my youngest I think they profiled him because he is a young kid with a flashy sort of car and I'm not really 10 sure about him. 11 Q. Okay. 12 A. He gets very emotional so I'm not sure I've gotten the 13 real story. 14 Q. How old is he? 15 A. He's now 20. 16 Q. Do you hold a grudge against the police because of 17 pulling your sons over like that? 18 A. 19 back as a mom and say hopefully I raised my boys to do the 20 right thing. 21 whole story so I have to sometimes wonder, you know, are they 22 telling me a story that sounds good to mom or is there 23 something else going on. 24 a breath and, you know, after everything dies down I say, 25 okay, now what part of the story haven't you told. I wouldn't say a grudge. I think I -- I have to stand But we all know our children don't tell us the So I always stand back and just take United States District Court Camden, New Jersey DA126 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 127 of 130 PageID: 4136 280 01:28 01:28 01:29 01:29 01:29 1 Q. 2 questions about my kids. 3 A. I have good boys. 4 Q. Mine are good, too. 5 A. Yes. 6 Q. I just want to make sure that these incidents involving 7 your sons don't somehow affect the way you look at the 8 evidence in this case if you were a juror. 9 enforcement officers are going to be testifying on behalf of I'm glad I'm not sitting where you are answering those But we have our moments, don't we? Here we have law 10 the government presenting their case, of course the defendant 11 is a police officer in this case. 12 tell me, if you can, again, there's no right or wrong answer, 13 I just want to know how you feel about this, whether these 14 incidents involving your sons is going to affect the way you 15 look at the evidence in this case? 16 A. 17 said with my sons, I have to take the police officers at their 18 word that that's what's going on. 19 fudges the answer a little bit, like in my sons' situation, as 20 to what they were doing. 21 from what's happening with my boys to what happened in this 22 case. 23 Q. So I want you to be able to I don't think it's going to affect me. I think, like I And I know that everybody So I think I can separate the two Good. 24 THE COURT: 25 MS. LORBER: Does the government have any questions? No, your Honor. United States District Court Camden, New Jersey DA127 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 128 of 130 PageID: 4137 281 1 2 THE COURT: for Ms. 3 MR. CIPPARONE: 4 01:29 01:30 Good morning. 01:30 01:31 Thank you, your Honor, I do. With respect to question 89, that's 5 where it asked if someone used racial profanities or slurs, 6 would you believe they would be more inclined to act in a 7 physical way. 8 you about this, you answered when a person can't contain 9 themselves from using derogatory words in the professional 10 And your answer was, and I know the Judge asked setting, it can lead to physical aggression. 11 01:30 Mr. Cipparone, do you have any questions So my question really is Mr. Nucera, as with anyone 12 charged with any prime, is presumed innocent, and we have to 13 ensure that the jurors can really embrace that. 14 evidence he used the N-word and he used it on different 15 occasions at different times, would that lead you to at least, 16 even ever so slightly, have some checkmark against him about 17 whether he would act in a certain way, for example, in a 18 manner aggressively toward an African American, which he is 19 accused of? 20 A JUROR: If you heard No, I think now days hearing the N-word and 21 other derogatory terms is very common. 22 in the radio station my son listens to, the music he listens 23 to. 24 his car. 25 difficult question I had to answer to be truthful. You know, you hear it Luckily he has a station designed for me when I get in But I don't think -- and this was probably the most United States District Court Camden, New Jersey I don't DA128 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 129 of 130 PageID: 4138 282 1 think -- I think some people might act on those derogatory 2 terms and maybe get a little violent. 3 01:31 01:32 4 you've dealt with people from all different walks of life, you 5 tend not to be as violent because you have more, what's the 6 word, more, more that you could potentially lose. 7 you're just like cleaning the streets, you can use any words 8 you want and you probably could potentially become violent. 9 think as you get up in profession, you look at where you are. Maybe you've been working 20 or 30 years, you think, oh, my 11 pension, my kids, my house, am I willing to put that on the 12 line to become violent, and most people don't. 14 01:32 15 MR. CIPPARONE: 17 MR. CIPPARONE: 18 A JUROR: 19 MR. CIPPARONE: Right. What was his name? William Akers. Do you know if he sat in criminal court or civil court? A JUROR: I don't -- in Philadelphia I don't know 22 what court he had. 23 became an immigration judge. 24 25 I appreciate that. uncle had been a judge in Philadelphia. A JUROR: 20 Thank you. I Question 66, you have responded that your, I think your 16 21 01:32 I think if 10 13 01:32 But I think as you move up in a professional level and I know that he then moved to Maryland and MR. CIPPARONE: Okay. Did you discuss his work with him as a lawyer or a judge? United States District Court Camden, New Jersey DA129 Case 1:17-cr-00532-RBK Document 139-2 Filed 12/17/19 Page 130 of 130 PageID: 4139 283 1 A JUROR: 2 MR. CIPPARONE: 3 THE COURT: 01:33 If you'll 6 Please don't discuss our questions and answers. 7 A JUROR: 8 THE COURT: Okay. Thank you. (Juror leaves the courtroom) 10 THE COURT: 11 MR. CIPPARONE: 12 MS. LORBER: 13 THE COURT: 14 new jurors. 15 break. 17 18 19 20 21 No, your Honor. No, your Honor. I have to go downstairs and swear in the (Recess) THE COURT: Are we ready? Let's roll. MR. GRIBKO: Is that all the rest of the jurors up here now or is that just another ten? THE COURT: with questionnaires. 23 MR. GRIBKO: 25 Any applications? I'll be back in five minutes, so you may take a 22 24 01:43 Thank you, Ms. have a seat back in that room, we'll be with you shortly. 16 01:43 Thank 5 9 01:33 Nothing further, your Honor. you. 4 01:33 No. I think we have all. 20 people showed up 20? (Juror enters the courtroom) THE COURT: How you doing? I'm Judge Kugler. United States District Court Camden, New Jersey DA130