In the 41-page filing with federal judge Robert Kugler, Assistant U.S. Attorneys Joe Gribko and Molly Lorber assert that, in effect, three black jurors were simply bringing their life experience to the table and not showing any specific prejudice against defendant Frank Nucera.
According to the filing, "The alleged statements of the African American jurors here, if accurately presented, simply reflect the reality that African Americans frequently have very different life experiences than their white counterparts due to the long history of racial discrimination in the United States."
Four white jurors claimed in affidavits filed by defense attorney Rocco Cipparone that they felt pressured to render a guilty verdict to one charge of lying to the FBI so as to not be seen as racist by fellow jurors.
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But the government counters that "the fact that some jurors now allege, after the verdict, that they felt pressured to convict Nucera because they did not want to be perceived as racists by their fellow jurors does not constitute any sort of exceptional circumstance justifying an exception to the no-impeachment rule. The affidavits may not be considered in any way."
The panel could not decide on two counts of assault as a black teen was arrested in 2016, leading to civil rights charges against Nucera. A retrial on those counts is set in mid-March.
Judge Kugler is being asked to dismiss the defense motion on the conviction without a hearing. One is currently set for the end of the month. Kugler is scheduled to sentence Nucera on the lying charge in early February.