Cote’s bias, Hayat alleges, first, that Cote made “several inappropriate racial and religious comments during deliberations.” Hayat presented evidence from Jurors L. and B., as well as from Juror H. via an affidavit by Ha-yat’s private investigator, that Cote made a “racial” comment during deliberations. B. declared that “[d]uring the deliberation process, ... Cote[ ] made the statement they all looked the same when wearing a costume or when put in a costume. I believe Mr. Cote made this statement in connection with a discussion of witness Naseem Khan’s claim that he had seen Ayman al-Zawahiri in Lodi.” Similarly, L. stated that “[djuring deliberations Mr. Cote made racial slurs. As an example, on one occasion ... he said in front of the entire group that they a 236-39 (10th Cir.2008) (<HOLDING>). Where, however, “a juror has been asked
holding rule 16a1a does not include statements made by coconspirators even if those statements can be attributed to the defendant for purposes of the rule against hearsay holding that rule 606b contains no exception for racially biased statements made during jury deliberations and expressing skepticism about whether constitutional concerns can ever override the rule holding that federal rule of evidence 8034 the hearsay exception for statements made for medical diagnosis or treatment does not apply to statements made by doctors recognizing rule holding that the arkansas counterpart to cre 606b applies whether a verdict is reached or a mistrial declared and under the extraneous information exception allows jurors to testify about statements made during deliberations