DOJ-OGR-00020860.pdf

Case 22-1426, Document 58, 02/28/2023, 3475901, Page34 of 221 A-234 3151 LCSCMAXT deliberations. I made clear that they can let me know through my deputy if this presents a hardship for anyone. No one has so indicated. I also made clear that they can take all the time they need. I extended the deliberations by an hour each day because we are seeing an astronomical spike in the number COVID-positive cases in New York City over the last one to two weeks due to the omicron variant. We are, very simply, at a different place regarding the pandemic than we were only one week ago, and we now face a high and escalating risk that jurors and/or trial participants may need to quarantine, thus disrupting trial and putting at risk our ability to complete this trial. Accordingly, extending deliberations by an hour gives the jury more time each day to continue to engage in its thoughtful deliberations. We will take up later in the day how I will approach the reminder of the week and going forward. I think the same reasoning likely will lead me to talk to the jury at the end of the day about continuing deliberations until a verdict is reached. I'll hear you on that now or later, as you like. MR. EVERDELL: Your Honor, I don't need to be heard on that issue now. If I could, I understand the Court has overruled the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020860