In the voir dire, a process used by attorneys to weed out jurors who may have a bias going into a case, documents show that one juror mentioned that they listen to Tim Pool as a source of news and that they otherwise do not follow the news too regularly.
According to the statement, juror no. 77 was asked about himself, he responded: "31, security, live in the Bronx all my life, no kids that I know of. News basically I tend to avoid, but every now and then podcasts, mainly independent like [Tim Pool] or some other people like that. Any questions?" The original transcript wrote Pool's name as "Temple" before it was corrected.
The preliminary statement wrote that it was "clear" that the juror is "biased in ways requiring his dismissal from the jury."
"This inference of bias arises, in part, from the fact that Juror No. 77 has only a single choice of news source: an extreme right-wing podcaster who consistently, aggressively, and unreservedly espouses highly prejudicial views on social and political issues directly implicated by this case.
"Juror No. 77 otherwise obtains his news only through sources just like that podcast—and does so pursuant to an algorithm notorious for promoting extreme content.
"Most significantly, Juror No. 77 has described Pool’s podcast as 'independent,' 'middle,” and 'balanced.' A juror who views Pool’s podcast in that way may subjectively believe that he has no relevant bias, but has just as certainly confirmed that he does.
"No person capable of deciding this case fairly and impartially would seek out only Pool’s content, rely on YouTube to promote other content based on Pool’s podcast, and maintain that Pool’s commentary is indeed 'middle' and 'balanced.' Under these circumstances, Juror No. 77 should be dismissed from the jury."
In a tweet responding to the statement, Pool tweeted "I am offended and my good name besmearched."
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