DOJ-OGR-00003772.pdf

--- Page 1 --- **Document Header:** * Case 1:20-cr-00330-PAE * Document 211 * Filed 04/16/21 * Page 9 of 11 **Main Body:** Jackman" (and unlike Barlow): The underrepresentation occurred because the government used a White Plains grand jury knowing that doing so would significantly reduce the diversity of the pool of jurors. Thus, the government's assertion that its decision to use a White Plains grand jury "has nothing to do with the process by which the grand jury is selected" (Opp. 211) is simply incorrect. By choosing to seek an indictment in White Plains, the government chose a grand jury selection process guaranteed to draw from a pool that would underrepresent Black and Hispanic jurors via-a-vis the Manhattan Counties and the Southern District. That choice constitutes "systematic exclusion," and the third Duren prong is met. **CONCLUSION** For the reasons set forth herein, Ms. Maxwell respectfully requests that the Indictment be dismissed. Dated: March 15, 2021 New York, New York **Footer:** Respectfully submitted, As/ Christian R. Everdell Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue New York, NY 10022 Phone: 212-957-7600 Jeffrey S. Pagliuca Laura A. Meninger HADDON, MORGAN & FOREMAN P.C. 150 East 10th Avenue Denver, Colorado 80203 Phone: 303-831-7364 Bobbi C. Sternheim Law Offices of Bobbi C. Sternheim **Page Number:** 6