by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Oct 2 –Inner City Press covered and live tweeted US v. Bankman-Fried, the day of jury selection. Book here Thread here:
Prospective jurors not yet in the room, but SBF, with (much) shorter hair, is at the defense table with 5 lawyers.
Judge Kaplan: The jurors are on their way up. But first, Mr. Bankman-Fried, you have a right to testify, it's your call. If you wish to testify, stand up and I'll send the jury out and find out why you're standing. If your lawyers rest, and you wish to, stand up
Assistant US Attorney Nick Roos: We raised the issue early if there should be plea discussions. The answer was no, so there have been no plea offers Judge Kaplan: Is that accurate, Mr. Cohen? SBF's lawyer Cohen: Yes, your Honor. Judge Kaplan: My question are typed
Judge Kaplan: Are there going to be slides in the opening statments? Both sides say yes. AUSA Danielle Sassoon: May we have a moment to confer with defense counsel? Judge Kaplan: Yes.
[AUSA Danielle Sassoon stands behind defense table conferring. SBF remains at the table with his air-gapped laptop.] AUSA Sassoon: We'd like to add to the voir dire about current publicity. Not just the CBS, but if they've seen any publicity but could be fair
After a long pause while prospective jurors are led into the jury box, Judge Kaplan tells the lawyers (and SBF) they can sit down, Nothing's happening fast right now
Judge Kaplan: Believe it or not, we're just about ready... [Now the gallery of this large courtroom, usually that of DIstrict Judge Kimba Wood, is full of prospective jurors. Let the questioning begin!] Judge Kaplan: Ready? Folks, welcome, sorry it took so long
Judge Kaplan: The defendant in this case is charged with wire fraud, conspiracy to commit commodities fraud, wire fraud and money laundering. My deputy Andy will swear you in. Andy: The jurors here and in the Jury Assembly Room 160 should rise [administers oath]
Judge Kaplan: This case, according to the lawyers, should take six week. My cases rarely take as long as the lawyers think. Generally, Tuesday through Friday, sometimes Monday through Thursday. We need jurors who are fair and impartial, based only on the evidence
Judge Kaplan: Be candid in answering my questions. Forget what you've seen on TV and movies. I'll be asking all the questions. The lawyers on each side have the right to excuse a certain number of prospective jurors, usually without giving any reason
Judge Kaplan: If I ask you something you don't want to discuss in the open, let me know, I'll invite you to come to the sidebar over here. This is not my usual courtroom, so the computer is beeping over there. I don't speak computer. Andy is a computer whisperer
Judge Kaplan: My questions are typed out, you can read them and note down which ones you'd say Yes to. When I get to you, remember so I don't have to read them all over again. It is likely the 50 in this room will not be enough - we'll bring more up
Judge Kaplan: Jurors, you are to post nothing about this case, or read any thing. No research at all, not even about the judge. You can satisfy your curiosity when it's all over. More about the case: the defendant has denied the charges.
Judge Kaplan: It would not surprise me if some of you have heard about the case. The defendant is Mr. Samuel Bankman-Fried. He founded FTX, and Alameda research. He is accused of defrauding customers of FTX dot com, secondly investors in FTX and lenders to Alameda
Judge Kaplan: I have an initial question, which is not on the sheet. If the answer is yes, raise your hand or stand up. Is there anything about the nature of the case that would make it difficult for you to be fair. Let's start with the jury box- no hands raised
Judge Kaplan: In the back? The man in the white T-shirt? Please tell me your name. TImothy "Lohort" (phonetic) also, Lewis DeCaro Robert Frank. Leslie Day Medea Kashamani (phonetic) Judge Kaplan: I'm looking for your name
SBF jury selection by Elizabeth Williams courtesy to Inner City Press
Voice: It's 33
con't: Justin de Vito. Seth Katz Judge Kaplan: What number? Voice: 38. Christopher Cruz, 40. Earnest Abrello, 48. Bay Leon, 44. Linda Rodock (phonetic) 43. Judge Kaplan: Did we miss anyone? No? The following are excused... 19, 21 ,22, 23, 33, 29, 38, 40, 43 and 44
AUSA Sassoon: My notes say it was number 20 who stood up, not number 22. Judge Kaplan: Number 22, you may stay. Andy, get the cards to them. Judge Kaplan: OK, anyone have hearing problems? You, can you discuss it publicly? Voice: Slight hearing loss...
Judge Kaplan: Can you hear me? Voice: Yes. Judge Kaplan: No problem, then. I too have hearing loss, at my age. Anyone with medical conditions? Ms. Garver Number 4? Oh, congratulations. You're not due until February? Can you serve? Great.
Voice: I take blood thinners and cholesterol medicine. Judge Kaplan: Welcome to the club. Ms Koch: I have epileptic seizures.
Judge Kaplan: Can you serve? A: Yes Judge Kaplan: How about religious objections to judging someone else? No one? Great. We'll need 12 & 6 Judge Kaplan: We only pay $50 to $60 a day. Anyone unable to serve due to hardship?
Ms King, Number 2? Ms King (unintelligible) Judge Kaplan: You're leaving on a Friday? Andy what are the dates that week? Oct 30 is a Monday. Where is it? Are the tickets paid for?
Judge Kaplan: Jet Blue... Who is it? Ms. King: My husband's co-worker. Judge Kaplan: OK. Ms Martinez, you'll be leaving the country for work. Where do you work? A: Ms Universe. Judge: What's your role? A: Operations manager. Judge: Where is it? A: El Salvador
Mr Zimmer: I'm involved in a civil case, October 16. Judge Kaplan: What court? Mr. Zimmer: I don't know. My company is being sued. Judge Kaplan: We will not be in session some of those days. So you could testify. Voice: My boss on Park and 72 is on vacation
Judge Kaplan: Ms. Williams-Paul? A: I have an MRI, and doctor's appointment on the 16th. Numbe 18: I get married on the 23rd, then my honeymoon. Judge Kaplan: Congratulations. OK, in the back, by rows.
Number 27: I have 2 reasons, personal - my daughter's mother passed away in Phoenix. Also, I work in sales... Another: I am an adjunct at CUNY, 7 am to 730 pm Judge Kaplan: That's a long lecture... A: I'm in the nurses' clinical program. Judge: In CUNY? A: Lehman
Judge Kaplan: Where do you do this work? A: Bronx Care. Judge Kaplan: Pardon me for not having heard of it. A: It was Bronx Lebanon before. Judge: Do you ever go on vacation? What happens then? A: It's seasonal.
Judge Kaplan: We're going to seat no more than two lawyers on each side here at the sidebar and we'll see what we're going to do. [This, we can't hear]
[They're back] Judge Kaplan: OK, folks, we are excusing 2 (King), 7, 18, 38 ("sorry if I'm mangling your name"), 39, 42, 49 - and another, you are still in play. We'll keep going for a while, then break for lunch. We will fill in all the empty chairs and continue
Judge Kaplan: With luck and a strong wind at our back we may finish today... If not, tomorrow morning. Now let me introduce my staff. Andy is my deputy clerk, he's been with me longer than either of us remember, he's Number One at his job in this courthouse
Judge Kaplan: This is my law clerk, helping me for a year, he was in private practice for three years, another was with the court of appeals... OK, let's go on with the questioning. Your job will be to determine the facts
Juror 30: What would be the sentence? I would not impose the death sentence. What would be the worst? Judge Kaplan: We'll get to it in a minute or two and my answer will have to suffice. Anyone unwilling to accept that punishment is up to the court? No one.
Judge Kaplan: Anyone have any personal knowledge of this case? Numbers 8, 9, 13... In the back? Numbers 32, 37, anyone else? Mr. Weisenberg, from what sort of source to have personal knowledge? A: Fundamentally it's reading periodicals.
Judge Kaplan: Mr. Zimmer? Mr. Gadeer? WHat's the source of your personal knowledge of this case? Gadeer: A podcast - Joe Rogan.
Judge Kaplan: Joe Rogan... Another: The company I work for invested in FTX and Alameda. Judge Kaplan: Made or lost money? A: Lost money
Number 37: I do job search for investment banking firms, so I've heard about it. Judge Kaplan: Could you be fair? 37: Yes.
Judge Kaplan: Now, in case any jurors know then, the teams: Cohen: Mr. Everdell, David Lisner, Alexandra Theobald... Judge Kaplan: Anyone know them? No? No. Anyone know these prosecutors? [A Mr. Rosenberg approaches the sidebar]
Judge Kaplan: OK, we're going to break for lunch for an hour. Be back at 1:20, we'll fill the seats and proceed apace. I thank you. Do not give any interviews (laughs). See you later
Just an update: While Judge Kaplan told everyone to be back at 1:20 pm, the security line takes a while, and now they are moving new prospective jurors upstairs to 26 from the jury assembly room on the 1st floor. So thread will be continuing here, when they start
[OK - they're back.] Andy: Seat number 38, it's going to be Juror 64, Cynthia Rodriguez... Juror 39 is going to be Joel Rosas. Seat 40 is going to be juror 66, Jose Muriel. Seat 41 is going to be juror 67, Wise Akaho - sir how do you pronounce your name? Akaho
Judge Kaplan: My first questions are only going to be addressed to the prospective jurors who just joined us. Can anyone not be fair? Yes ma'am? Jacqueline Roster (phonetic) 50 or 52. Judge Kaplan: You are excused. Now the 22 left, any problems with your hearing?
Number 33 - cataracts? Judge Kaplan: Can you read type written materials? Thank you. Anyone on medication? Lady in the back? Another: Diabetic. If I cannot eat in the courtroom, or have my phone to check my sugar -- Judge Kaplan: You are right. You could eat
Judge Kaplan: Any hardships? Seat 19: I have a meeting this week, I work for Great American Insurance, I'm an underwriter. Judge Kaplan: What's the meeting? 19: It's a manager's meeting in Vermont, the tickets are booked. Judge: Great American is paying, right?
Zal Dang, number 29: I have 3 issues. A wedding, I'm the best man. 2d, I started a new job. I'm not sure I can be unbiased with crypto, I've felt negatively about it since I learned about it Judge Kaplan: Could you be fair, is the question. 29: I don't think so
Number 35: I'm only being compensated for 2 days, it would be a hardship. Judge Kaplan: I understand. Next: I work for Self-Help, they won't pay me. Another: My employer would only pay for 10 days, I learned over lunch. 44/70: I watch my toddler until nanny comes
Juror 72: I'm self-employed, being without phone or internet would hurt me, I'm a solo real estate agent. Judge Kaplan: OK. 49: I teach special ed in the South Bronx, we're understaffed, my student wouldn't receive their services for 6 weeks. Judge: Sidebar...
Judge Kaplan: I am excusing 18, 29,35, 37, 28, 38 & 48. Now, the other questions. Juror: I could not put aside my sympathy. Judge Kaplan: Have you served before? Juror: Yeah, you guys call me every five years.
Judge Kaplan: I can't hear you, you're wearing a mask.
Juror: I don't feel comfortable being that person to convict someone. Judge Kaplan: Do you deal with claims in your insurance company? Juror: I just sign off. Judge Kaplan: OK, thank you. Now we're all on the same page.
Judge Kaplan: Anyone in the juror box ever charged with a crime? Or a close family member? 11: I don't want to say it publicly, it's my child Judge Kaplan: Convicted? 11: Yes. Judge Kaplan: Could you be fair? 11: Yes. Another: My husband, found guilty, served time
Judge Kaplan: Could you be fair? A: I'd have to hear the evidence. Judge Kaplan: That's the point. OK, let's go to the back of the room. 55: Guy Toufaut (phonetic) A classmate in high school went to jail. Judge: Can you be fair? 55: Yes.
Juror: My husband and I were in this courthouse, charged with racketeering. This case, about stealing millions of dollars, I am not comfortable with it. Judge Kaplan: I understand. Any lawyers? Juror: I was with EDNY civil division, and clerked there.
Juror: I studied law and practiced law in South Africa. Juror: I advertise for lawyer clients. 31: I work for the Manhattan DA. Investigator, computer forensics. Also for Kroll. Canter: I am with Alphasites, a consulting firm. Judge: Are you a lawyer? Canter: No
70: My father founded a criminal defense firm, my husband now works there. South African law juror: I would hate someone guilty to get off on a technicality. Judge Kaplan: Give me an example. A: The landlord filed late, but the resident was there without a lease
15: I'm a retired corrections officer. Another: I work for FINRA Judge Kaplan: One lady this morning spoke of any investment. Anyone else dealt with FTX or Alameda? No. You'll hear of cryptocurrency and blockchain.
55: I invested in crypto. I lost money. Another: My fiance investment money in crypto. Judge Kaplan: Win or lose? A: Lose. Judge: Anyone work in finance? A: Series 7, sale assistant. Another: I work for Morgan Stanley, in I.T. 23: I work for a hedge fund. Judge: In crypto? A: No
Another: I work for Bank United. 28: I'm with FINRA, was with TD Securities. 43: My father's in finance. Judge Kaplan: Anyone with strong policies views on the charges here? No affirmative response.
Judge Kaplan: This case has generated publicity. You're to stay away from it, podcasts, anything. Did any of you watch 60 Minutes on Sunday? AUSA Sassoon: Could we get the juror numbers who raised their hands? Andy: 31, 32, 33/61, 72...
Judge Kaplan: We're going to read names of people who may testify or be related to this trial. AUSA Sassoon: it's a composite list, Government and defense. Julia Drucker, CAROLINE ELLISON, Constance Wong, Gary Wong, John Gluber, Mark Tiano, Matt Wong [probably the wrong name] Nishad Singh
AUSA Sassoon: Anthony Scaramucci (!), Trabucco, Sequoia Capital, BlockFi, Genesis, Skybridge, Anchorage, Binance, Celsius, Silvergate & Signature Bank, Guarding Against Pandemic (along others). Judge: Anyone know these? Lady in the back. A: I worked for Signature
Judge Kaplan: How is Signature Bank involved? AUSA Sassoon: Would you like me to say it in court, or at the sidebar? Judge: Give me a preview at sidebar [This, we do not hear] [They're back] Judge Kaplan: Anyone not vaccinated for COVID? Anyone not comfortable being in jury room with a non-vaccinated person? I'm going to give you a short break
[With prospective jurors out] AUSA Sassoon: Juror 47, Rene Harris... Juror 30. SBF's Cohen: We don't oppose excusing 30. But we do oppose excluding 47, she said she could follow proceedings. Inner City Press @innercitypress · 56m SBF's Cohen: Oh sorry, we had her confused with another juror. We don't oppose excluding her. [Long sidebar - then 12 are put in the box, more questions: hardship] Now seat 2: I work for New York City Housing Authority, they will not pay me for juror service yet Inner City Press @innercitypress · 55m Next is a tax lawyer, "it's a time sensitive matter, it would adversely impact my client." Judge Kaplan: How much is in dispute? Tax lawyer: A sizable amount is being audited, it's an 8 figure income. Judge: How much is in dispute? Tax lawyer: TBD
Judge Kaplan: What's the interest? Tax lawyer: It's monthly Next, Number 83: "I have doubts, I have concerns. First of all I don't understand the crypto currency, how it works. I don't understand it."
Judge Kaplan: You probably have a lot company in this courtroom
83: Then there's Madoff and all that stuff. Judge Kaplan: Please come visit me at the sidebar. 83: Now? Judge Kaplan: Yes, right now
[They're back from sidebar] Judge Kaplan: Would it be a hardship? 83: No, it wouldn't be a hardship. Judge Kaplan: Thank you for your candor.
Prospective juror: A friend of mine [names him] hung himself, it had to do with Tom Petters. Judge Kaplan: What's the connection? Prospective juror: Ponzi scheme
After a sidebar, they're back Judge Kaplan excuses 4 of the 12. Then says, The rest of you, we'll have you come back in the morning. We have not selected the jury yet.
Judge Kaplan: We now have a sufficient group of qualified jurors, 50. We will select 18 - 12 and 6 alternates. Tomorrow we'll pass around a microphone, you'll each do 60 seconds. Then the lawyers will confer and the final selection will be made.
Judge Kaplan: How long will openings be? AUSA: 25 minutes. SBF's Cohen: 35 to 40 minutes. Judge Kaplan: So evidence and witnesses by mid-morning. It augers well.
Judge Kaplan: No internet, no posting or whatever people do these days with these device that did not used to exist. Andy suggests you arrive by 9, due to the festivities in a courthouse near ours [He did Carroll v Trump:Prospective jurors leave for the day]
Judge Kaplan: Everyone else can be seated. OK. Another midnight filing? A: We can file later today, on their request for reconsideration. Judge Kaplan: Sure. My rulings are my rulings.
AUSA Sassoon: One of our witnesses this week will be an immunized witness. Judge Kaplan: The order's been signed. Adjourned.
Footnote: With Judge Kaplan gone, SBF is still at defense table talking with Cohen. A Marshal pulled him chair back, but is waiting. Many defendants here getting hustled back into the holding cell at this point. Not Special Sam
FN2 and last: Sam has walked back into the holding cell, with one US Marshal walking in front, and one behind...
More detail / analysis on Substack (and support) here
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