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Judge Cogan Altered and

Concealed Jury Notes to Mislead
Parties

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K-FIRM Appears on
Behalf of Queen

As discussed in K-Firms

Mother in Predatory

first Southerland v. Woo

Lending Scheme

post, it again appears that

case

Judge Brian M. Cogan has

a personal stake in the

Toddler Kiam Felix, Jr.

Southerland v. New York

City case, also referred to

Statement from the

Family of Slain

outcome of the

Judge Brian M. Cogan

Documents

Judge Zambelli

as Southerland v. Woo

Admits to Instructing

(EDNY 99-3329). This

Witnesses to Lie on

might be inferred from

the Stand

the following facts pertaining to the June 2013 trial:

!

(1) During jury deliberations, after the jurors signaled in

Judge Cogan Altered

and Concealed Jury

written jury notes that they were leaning toward a

Notes to Mislead

plaintiffs verdict, Judge Cogan sought to violate Rule

Parties

49 of the Federal Rules of Civil Procedure by

attempting to give the jurors special interrogatories
to influence their deliberations (See Transcript, Doc.

http://kfirmllp.com/judge-brian-m-cogan-altered-and-concealed-jury-notes-to-mislead-parties/

Judge Cogan Refuses

to Enforce Rules

12/22/15, 8:11 PM
Page 1 of 5

325, at page 12).

Against NYC
Defendants

(2) After the jurors signaled in written jury notes that

they were moving toward a plaintiffs verdict, Judge
Cogan signaled to the City that it should try to settle

Recent Comments

the case before the jury could reach a decision, while

simultaneously trying to convince the plaintiffs that the

robert americo on
Judge Zambelli

jury was going the other way (See Transcript, Doc.

Admits to Instructing

325, at page 13).

Witnesses to Lie on
(3) After learning from a written jury note that two of

the Stand

seven jurors had travel plans, Judge Cogan excused

the City from its prior written agreement (See

Jon on Judge

Agreement for Verdict by Jury of Less Than Six

Zambelli Admits to

Members, Doc. 282) that the jury would continue to

Instructing

deliberate and reach a verdict with five jurors or less

Witnesses to Lie on

(See Transcript, Doc. 325, at pages 5-6).

the Stand

(4) After receiving a written jury note indicating that

K-Firm Attorney on

one juror was a conscientious objector, Judge Cogan

Judge Zambelli

physically altered the notes written content to hide

Admits to Instructing

that fact from the attorneys and parties (See Altered

Witnesses to Lie on

Jury Note, Court Exhibit 7).

the Stand

(5) After Judge Cogan received a written jury note

Virginia on Judge

indicating that the conscientious objector was refusing

Zambelli Admits to

to deliberate (See Altered Jury Note, Court Exhibit 8),

Instructing

Judge Cogan physically altered the notes written

Witnesses to Lie on
the Stand

http://kfirmllp.com/judge-brian-m-cogan-altered-and-concealed-jury-notes-to-mislead-parties/

12/22/15, 8:11 PM
Page 2 of 5

content and then read into the record a different

message than what was later found to be in the note
(See Transcript, Doc. 325, at page 14), thereby
deceiving the parties and attorneys.

tanisha on Statement
from the Family of
Slain Toddler Kiam
Felix, Jr.

(6) After misleading the parties and attorneys as to the

circumstances affecting the jurys deliberations, Judge
Cogan falsely declared that the jury was deadlocked
and then declared a mistrial.
(7) After the jurors were discharged, several members

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Select Month

"

of the jury met with attorney Michael G. ONeill and

the parties, whereby the jurors revealed the actual
circumstances that Judge Cogan had withheld from
the parties and attorneys (See August 2013 Letter of
Sonny B. Southerland, Sr.); and
(8) Judge Cogan stated in an August 2013 order that he
informed the parties and attorneys during jury
deliberations that he had redacted a jury note and
that no one had objected to him doing so (See Judge
Cogans Order). However, the transcripts of the
proceedings reveal that Judge Cogan did not inform
the parties or attorneys that he had taken it upon
himself to redact any jury notes.
Importantly, it is a Federal crime as well as a New York
State crime for any person to alter, conceal, tamper

http://kfirmllp.com/judge-brian-m-cogan-altered-and-concealed-jury-notes-to-mislead-parties/

12/22/15, 8:11 PM
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with, or falsify any court record.(See 18 U.S.Code

2071) and (See New York Penal Law 175.25).
Transcript Doc. 325
Redacted Jury Note Courts Exhibit 7
Jury Note Courts Exhibit 8
Judge Cogans Order
By K-FIRM Attorney | March 12th, 2014 | Cases, Southerland v. Woo | 0
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Copyright 2011 KFIRM LLP - All Rights Reserved

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12/22/15, 8:11 PM
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