Full opinion text
ORDER WOLF, District Judge. The attached version of the October 20, 2011 Memorandum and Order on Jury Claim is being filed for the public record. In order to strike the appropriate balance between personal privacy interests, see In re Globe Newspaper Company, 920 F.2d 88, 95 (1st Cir.1990), and transparency concerning the reasons for judicial decisions, it replaces the names of jurors and third-parties with initials, and includes minor redactions concerning particularly sensitive information regarding third-parties. An unredacted form of the Memorandum and Order on Jury Claim that includes the names of the jurors and third-parties is being filed under seal and provided to the parties. MEMORANDUM AND ORDER ON JURY CLAIM I. SUMMARY On July 24, 2001, Gary Lee Sampson murdered Philip McCloskey and attempted to steal his car. On July 27, 2001, Sampson murdered Jonathan Rizzo and stole his car. Then, on July 30, 2001, in New Hampshire, Sampson murdered Robert Whitney and later took his car as well. On July 31, 2001, William Gregory picked up Sampson who was hitchhiking in Vermont. Gregory escaped Sampson’s attack on him. Soon after, Sampson called 911 and surrendered to the Vermont State Police. Sampson quickly confessed to the murders of McCloskey, Rizzo, and Whitney. In October, 2001, Sampson was charged in this federal court with two counts of carjacking resulting in the deaths of McCloskey and Rizzo, respectively. As permitted but not required by the Federal Death Penalty Act of 1994, 18 U.S.C. § 3591 et seq., the government decided to seek the death penalty. Sampson pled guilty to the charges against him. Pursuant to the legal requirements established by the Supreme Court and codified in the Federal Death Penalty Act, a trial was nevertheless required to permit a jury to determine whether Sampson should be executed. Under the Sixth Amendment, every defendant in a criminal case has a constitutional right to be tried by an impartial jury. U.S. Const. Amend. VI. An impartial jury is a “touchstone of a fair trial” and has been defined as a “jury capable and willing to decide the case solely on the evidence before it.” McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548, 554, 104 S.Ct. 845, 78 L.Ed.2d 663 (1984) (internal quotation omitted). Therefore, to qualify as an impartial juror an individual must not have views or personal experiences that will prevent or substantially impair his or her ability to decide a matter based solely on the evidence. In the conventional criminal case in which the jury is asked to decide unanimously only whether guilt has been proven beyond a reasonable doubt, the existence of even a single partial person on the jury requires a new trial. In a Federal Death Penalty Act case it is particularly important that each and every juror be able to decide the ease based solely on the evidence and, therefore, be impartial. The Supreme Court has held that: “the penalty of death is qualitatively different from a sentence of imprisonment, however long____Because of that qualitative difference, there is a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case.” Woodson v. North Carolina, 428 U.S. 280, 305, 96 S.Ct. 2978, 49 L.Ed.2d 944.(1976) (plurality opinion). To implement this principle, the Federal Death Penalty Act provides that if even one juror does not find the death penalty to be justified the defendant may not be executed. See 18 U.S.C. §§ 3593, 3594; Jones v. United States, 527 U.S. 373, 380-81, 119 S.Ct. 2090, 144 L.Ed.2d 370 (1999). Therefore, each juror has the power to decide that a defendant will live rather than die. Each juror must be able to make that decision based solely on the evidence, uninfluenced by personal experiences that he or she may have had. The Supreme Court has held that if even one member of a jury that has sentenced a defendant to death was not impartial, that sentence must be vacated. See Morgan v. Illinois, 504 U.S. 719, 729, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992). At trial, the court and the parties made an extensive effort to assure that each and every juror in this case would be able to decide whether Sampson should be sentenced to death based solely on the evidence. Hundreds of potential jurors were required to answer in writing, under oath, seventy-seven questions designed to elicit information concerning any possible bias or prejudice that the potential juror recognized and was willing to reveal, and also to elicit information concerning life experiences that might subconsciously injure an individual’s ability to decide Sampson’s case based solely on the evidence. Many potential jurors were excused based on their written responses alone. Many other jurors were questioned individually, again under oath, to determine whether they could decide whether Sampson should live or die based solely on the evidence and were, therefore, eligible to serve as jurors in his case. The jury selection process lasted seventeen days. The court recognized that the written and oral questioning would involve matters a potential juror might regard as private and sensitive. Therefore, the potential jurors were told that, upon request, the questioning and their responses on such sensitive subjects would not be made part of the public record. They were also repeatedly told, however, that it was essential that they answer every question honestly and accurately. During weeks of individual questioning, potential jurors were excused for cause for a range of conventional reasons. Some were excused because of pretrial exposure to information about the case or because of the existence of attitudes they acknowledged that raised serious questions about their ability to be impartial. Other potential jurors were excused for cause because they had emotional life experiences that were comparable to matters that would be presented in Sampson’s case and created a serious risk that they would not be able to decide whether the death penalty should be imposed based solely on the evidence. In addition, potential jurors were excused when it was discovered that they had responded to written or oral questions dishonestly. Eventually, twelve deliberating jurors, including C, and six alternates were empaneled. During the trial, two jurors were excused when it was discovered they had answered voir dire questions dishonestly. At trial, the jurors heard evidence of, among other things: the manner in which Sampson murdered McCloskey, Rizzo, and Whitney, and the fear his victims undoubtedly experienced; Sampson’s threats to shoot female bank tellers in the course of robberies; Sampson’s substance abuse and the fact that one of his marriages ended because of it; Sampson’s experiences in prison; and Sampson’s parents’ refusal to speak to his attorneys. Ultimately, the jury unanimously decided that Sampson should be executed for the murders of McCloskey and Rizzo. The court subsequently denied motions to question jurors about their verdict and for a new trial. In January, 2004, it sentenced Sampson to be executed. The Court of Appeals for the First Circuit affirmed the death sentence. The Supreme Court declined to review the case. As required by the Federal Death Penalty Act, this court then appointed new counsel for post-conviction proceedings. In May, 2009, Sampson filed a motion for a new trial pursuant to 28 U.S.C. § 2255 (“the § 2255 Motion”), alleging that his constitutional rights had been violated. Among other things, Sampson alleged that he had been deprived of his right to have his sentence decided by an impartial jury. This contention was based on evidence developed by Sampson’s new counsel that three jurors, including C, had answered voir dire questions inaccurately. Sampson also argued that their inaccurate answers deprived him of his right to exercise his peremptory challenges on a properly informed basis. Because material facts were in dispute, in November, 2010, the court conducted a hearing in which the three jurors were required to testify concerning their inaccurate responses to voir dire questions. The court finds that two of these jurors made unintentional errors in responding to voir dire questions and that Sampson is not entitled to a new trial because of those errors. However, as explained in detail in this Memorandum, the court also finds that C intentionally and repeatedly answered a series of questions dishonestly in an effort to avoid disclosing or discussing painful experiences she had endured concerning her daughter J and her former husband P. Her dishonesty began when she filled out her questionnaire in September, 2008, continued when she returned for individual voir dire in October, 2003, and was' repeated when she was required to testify in these § 2255 proceedings. More specifically, C intentionally lied during the jury selection process in response to questions that should have elicited the facts that: in 2000 her husband P had a rifle or shotgun and threatened to shoot her; C had feared that P would kill her; as a result, C obtained an Abuse Prevention Order against P; P was later arrested in her presence and prosecuted for violating that Order; C’s marriage to P ended because of his substance abuse; J also had a drug problem; and J’s drug abuse resulted in her serving time in prison, where C visited her. As information concerning these experiences involving J and P emerged slowly in the course of three hearings in these § 2255 proceedings, C repeatedly characterized each of those experiences as “horrible” and a “nightmare.” She often cried when required to think about these matters. She was frequently unable to discuss them candidly or coherently. In McDonough, the Supreme Court described the circumstances in which inaccurate responses to voir dire questions would deny a party his right to an impartial jury and, therefore, require a new trial. See 464 U.S. at 556, 104 S.Ct. 845. It stated: We hold that to obtain a new trial in such a situation, a party must first demonstrate that a juror failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause. The motives for concealing information may vary, but only those reasons that affect a juror’s impartiality can truly be said to affect the fairness of a trial. Id. Accordingly, for the reasons explained in detail in § III of this Memorandum, to obtain relief under McDonough, Sampson was required to prove by a preponderance of the evidence that: (1) C was asked a question during voir dire that should have elicited particular information; (2) the question was material; (3) C’s response was dishonest, meaning deliberately false, rather than the result of a good faith misunderstanding or mistake; (4) her motive for answering dishonestly relates to her ability to decide the case solely on the evidence and, therefore, calls her impartiality into question; and (5) the concealed information, when considered along with the motive for concealment, the manner of its discovery, and C’s demeanor when required to discuss J and P, would have required or resulted in her excusal for cause for either actual bias, implied bias, or what the Second Circuit characterizes as “inferable bias.” The court finds that Sampson has satisfied his burden of proving every element of the McDonough test. C did not falsely answer any question as part of a conscious effort to become a juror and punish Sampson for the abuse inflicted on her by P. However, it has been proven that during the jury selection process C dishonestly answered all material questions that should have revealed important events concerning J and P because C was deeply ashamed, and became distraught when required to think about them. She repeatedly lied because the events concerning J and P were too painful for her to disclose or discuss. C’s decision to lie rather than reveal these events demonstrates the tremendous emotional impact that they had on C at the time of the voir dire and calls her impartiality into question. The matters about which C repeatedly lied under oath were comparable to matters presented by the evidence in Sampson’s case. C dishonestly did not disclose prior to the empanelment that, among other things, she had been threatened with being shot and killed, had ended a marriage due to her husband’s substance abuse, and felt deeply ashamed of her daughter’s criminal activity, drug abuse, and incarceration. If these matters had been revealed, the court would have found that there was a high risk that after being exposed to the evidence at trial C’s decision on whether Sampson should be executed would be influenced by her own life experiences and, therefore, a high risk that she would be substantially impaired in her ability to decide whether Sampson should be executed based solely on the evidence. Like other potential jurors, C would have been excused for cause solely for that reason. The decision to excuse her for cause would have been reinforced by her demonstrated dishonesty, which was alone a reason that other potential jurors were excused for cause. As the requirements of McDonough have been satisfied, the court is compelled to vacate Sampson’s death sentence and grant him a new trial to determine his sentence. In essence, despite dedicated efforts by the parties and the court to assure that the trial would be fair and the verdict final, it has now been proven that perjury by a juror resulted in a violation of Sampson’s constitutional right to have the issue of whether he should live or die decided by twelve women and men who were each capable of deciding that most consequential question impartially. As the court said in sentencing Sampson in 2004, his crimes were “despicable.” United States v. Sampson, 300 F.Supp.2d 275, 276 (D.Mass.2004). Sampson “destroyed the lives of Philip McCloskey, Jonathan Rizzo, and Robert Whitney. [He] deeply and irreparably damaged each of their families. If anyone deserves the death penalty, [Sampson] do[es].” Id. at 278. However, in sentencing Sampson to die, the court also reasoned that “there is a difference between a murder and an execution. That difference is the fair process by which a jury of citizens from this community [ ] decided that [Sampson’s] death is justified.” Id. at 277. It has now been proven that Sampson did not receive the fair process that the Constitution guarantees every man no matter how despicable his conduct. Therefore, Sampson must be given a new trial to determine his sentence. II. PROCEDURAL HISTORY On October 24, 2001, a federal grand jury charged Sampson with two counts of carjacking resulting in death in violation of 18 U.S.C. § 2119(3). The charges arose out of the killings of McCloskey and Rizzo by Sampson in Massachusetts in July, 2001. See United States v. Sampson, 335 F.Supp.2d 166, 174-75 (D.Mass.2004). Sampson also killed Whitney in New Hampshire and carjacked Gregory in Vermont in July, 2001. While not charged in this case, those crimes were considered nonstatutory aggravating factors for sentencing purposes. Although Sampson subsequently pled guilty to both counts, his sentence was determined in a jury trial conducted pursuant to 18 U.S.C. § 3593. To select a jury, the court first required prospective jurors to respond to a written questionnaire. The prospective jurors not immediately excused for cause based on their responses to the questionnaire were subject to individual voir dire by the court and the parties. After additional prospective jurors were excused for cause as a result of individual voir dire, the parties exercised peremptory challenges with respect to the remainder. The court empaneled a jury of twelve deliberating jurors and six alternates. Among the twelve deliberating jurors were C, D, and G. Following trial, the jury decided that the death penalty should be imposed for each of Sampson’s offenses. The court sentenced Sampson to death on both counts on January 29, 2004. See Sampson, 300 F.Supp.2d at 276. The First Circuit affirmed the death sentences in May, 2007. See United States v. Sampson, 486 F.3d 13, 52 (1st Cir.), reh’g and reh’g en banc denied, 497 F.3d 55 (1st Cir.2007). Sampson unsuccessfully sought review by the United States Supreme Court, which denied his petition for a writ of certiorari on May 12, 2008. See Sampson v. United States, 553 U.S. 1035, 128 S.Ct. 2424, 171 L.Ed.2d 234 (2008). On June 25, 2008, the court appointed new counsel for postconviction proceedings as required by 18 U.S.C. § 3599. See June 25, 2008 Order at 8. The court subsequently denied without prejudice Sampson’s request for discovery prior to the filing of the instant § 2255 Motion. See May 6, 2009 Order at 2. On May 11, 2009, Sampson filed his § 2255 Motion. The government filed a Request for Summary Dismissal of the entire § 2255 Motion and requested discovery, which the court denied without prejudice pending the outcome of the Request for Summary Dismissal. See March 1, 2010 Order at 4-5. On March 29, 2010, Sampson filed an Amended § 2255 Motion. The government did not object and again requested summary dismissal. See Gov’t’s Response to Pet’r’s Mem. of Law Regarding Fed. R.Civ.P. 15 (Docket No. 1044). Claim IV of the Amended § 2255 Motion alleges that C, D, and G provided inaccurate answers to voir dire questions, beginning with inaccurate answers to questions on their respective questionnaires. Sampson claims that he is entitled to relief: (1) under McDonough, supra; (2) because these three jurors were actually or impliedly biased; and (3) because Sampson was prevented from intelligently exercising his peremptory challenges. For the reasons stated in a session closed to the public on August 31, 2010, the court denied summary dismissal of this claim and held three closed evidentiary hearings. At the first evidentiary hearing, held on November 18, 2010, all three of the implicated jurors testified. At the second evidentiary hearing, held on March 18, 2011, C was recalled to clarify her previous testimony and to testify on certain additional matters. Following the second evidentiary hearing, the court closed the evidentiary record for this claim and ordered the parties to submit proposed findings of fact and conclusions of law. See March 19, 2011 Order. However, after Sampson identified in his proposed findings of fact certain potentially material inconsistencies between C’s testimony and her statements to the media, the court recalled C to testify further on August 8, 2011, regarding those inconsistencies. Following this third evidentiary hearing, neither Sampson nor the government requested that the court receive additional evidence, and the parties agreed that further briefing was unnecessary. III. THE APPLICABLE STANDARDS A. Right to an Impartial Jury The Sixth Amendment provides that, “[i]n all criminal prosecutions, the accused shall enjoy the right to a ... trial, by an impartial jury....” U.S. Const. Amend. VI. “One touchstone of a fair trial is an impartial trier of fact-‘a jury capable and willing to decide the case solely on the evidence before it.’ ” McDonough, 464 U.S. at 554, 104 S.Ct. 845 (quoting Smith v. Phillips, 455 U.S. 209, 217, 102 S.Ct. 940, 71 L.Ed.2d 78 (1982)). In the conventional criminal case in which the jury is asked only whether guilt has been proven beyond a reasonable doubt, “[t]he bias or prejudice of even a single juror would violate [a defendant’s] right to a fair trial.” Dyer v. Calderon, 151 F.3d 970, 973 (9th Cir.1998) (en banc); see also United States v. Gonzalez, 214 F.3d 1109, 1114 (9th Cir.2000). Consistent with these generally applicable principles, it has long been “well settled that the Sixth ... Amendment ] guarantee^] a defendant on trial for his life the right to an impartial jury.” Ross v. Oklahoma, 487 U.S. 81, 85, 108 S.Ct. 2273, 101 L.Ed.2d 80 (1988). In a Federal Death Penalty Act case it is particularly important that each and every juror be impartial. As indicated earlier, the Supreme Court has held that: [T]he penalty of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. Because of that qualitative difference, there is a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case. Woodson, 428 U.S. at 305, 96 S.Ct. 2978. To implement this principle, the Federal Death Penalty Act provides that if even one juror does not find the death penalty to be justified the defendant may not be executed, and the court must impose a lesser sentence. See 18 U.S.C. §§ 3593, 3594; Jones, 527 U.S. at 380-81, 119 S.Ct. 2090; see also Sampson, 335 F.Supp.2d at 240-41 & n. 43. In essence, a single juror has the power to decide whether the defendant will live rather than die. It is essential that every juror be willing and able to make that decision based solely on the evidence. “If even one juror [who is not impartial] is empaneled” and the death sentence is imposed, “the [government] is disentitled to execute the sentence.” Morgan, 504 U.S. at 729, 112 S.Ct. 2222; see also United States v. Martinez-Salazar, 528 U.S. 304, 316-17, 120 S.Ct. 774, 145 L.Ed.2d 792 (2000). Therefore, a defendant is deprived of the right to an impartial jury and entitled to a new trial when a juror who is not impartial participates in deciding a case, regardless of whether or not the verdict would have been different. See Dyer, 151 F.3d at 973 n. 2 (“The presence of a biased juror cannot be harmless; the error requires a new trial without a showing of actual prejudice.”); United States v. Carpa, 271 F.3d 962, 967 (11th Cir.2001) (“If a court determines there was actual bias, the juror’s inclusion in the petit jury is never harmless error.”). ' B. Meaning of Impartiality An impartial jury, to which every defendant is entitled, is one in which every juror is “ ‘capable and willing to decide the case solely on the evidence before [him].’ ” McDonough, 464 U.S. at 554, 104 S.Ct. 845 (quoting Smith, 455 U.S. at 217, 102 S.Ct. 940); see also United States v. Villar, 586 F.3d 76, 84 (1st Cir.2009). Jurors are regularly instructed that one of their duties is to decide the case based solely on the evidence. See United States v. Thomas, 116 F.3d 606, 616-17 n. 10 (2d Cir.1997). However, a juror is not impartial if his experiences, opinions, predispositions, biases, prejudices, interests, or relationships “would ‘prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.’ ” See Wainwright v. Witt, 469 U.S. 412, 424, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985) (quoting Adams v. Texas, 448 U.S. 38, 45, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980)); see also Cravens v. Smith, 610 F.3d 1019, 1031 (8th Cir.2010) (juror properly excused for cause after expressing “gut feeling” that he would disfavor insurance company); United States v. Torres, 128 F.3d 38, 47-48 (2d Cir.1997) (juror properly excused for cause who had structured financial transactions, in case involving evidence of structuring of cash deposits); Hunley v. Godinez, 975 F.2d 316, 319 (7th Cir.1992) (per curiam)(jurors in case charging burglary and murder should have been excused after they became victims of burglary during trial). When a judge makes decisions about whether to dismiss a juror for cause during voir dire, or when a litigant argues after trial that he was denied his right to an impartial jury because of a juror’s bias, several types of bias are recognized and relevant: actual bias, implied bias, and inferable bias. 1. Actual Bias “Actual bias is ‘bias in fact.’ ” Torres, 128 F.3d at 43 (quoting United States v. Wood, 299 U.S. 123, 133, 57 S.Ct. 177, 81 L.Ed. 78 (1936)); see also United States v. Greer, 285 F.3d 158, 171 (2d Cir.2002). To establish actual bias after a trial, a party must prove that a juror was not “capable and willing to decide the case solely on the evidence before [him].” McDonough, 464 U.S. at 554, 104 S.Ct. 845; see also Rogers v. McMullen, 673 F.2d 1185, 1190 (11th Cir.1982). With regard to actual bias, “[a] juror is found by the judge to be partial either because the juror admits partiality ... or the judge finds actual partiality based upon the juror’s voir dire answers.” Torres, 128 F.3d at 43; see also Hughes v. United States, 258 F.3d 453, 456 (6th Cir.2001). Whether a juror is actually biased is a question of fact determined by the trial judge. See Dyer, 151 F.3d at 973 (citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct. 2885, 81 L.Ed.2d 847 (1984)); Torres, 128 F.3d at 43 (citing Wood, 299 U.S. at 133, 57 S.Ct. 177); Dall v. Coffin, 970 F.2d 964, 970-71 (1st Cir.1992)(Wolf, D.J., sitting by designation); Amirault v. Fair, 968 F.2d 1404, 1405-06 (1st Cir.1992). A juror who is found to be actually biased must be excused for cause. See United States v. Rhodes, 177 F.3d 963, 965 (11th Cir.1999); Morgan, 504 U.S. at 729, 112 S.Ct. 2222. Therefore, a moving party is entitled to a new trial if a judge failed to excuse an actually biased juror based on information available at the time of trial or if it is later discovered that a juror who was actually biased participated in rendering a verdict. See Dyer, 151 F.3d at 972 n. 2; see also McDonough, 464 U.S. at 556, 104 S.Ct. 845 (Blackmun, J., concurring)(recognizing actual bias as a basis for relief). However, absent an admission by the juror, actual bias is difficult to prove, in part because the juror may have an interest in concealing it and in part because the juror may not even be consciously aware of it. See Smith, 455 U.S. at 221-22, 102 S.Ct. 940 (O’Connor, J., concurring). This difficulty is magnified when the issue is addressed many years after trial. See Dyer, 151 F.3d at 981. 2. Implied Bias The difficulty of determining actual bias has led courts to imply bias when “certain circumstances create too great a risk of affecting a juror’s decisionmaking process, even if the juror is not, consciously, fully aware of the impact.” Fields v. Brown, 503 F.3d 755, 806 (9th Cir.2007)(Berzon, J., dissenting). As explained by the Supreme Court: Bias or prejudice is such an elusive condition of the mind that it is most difficult, if not impossible, to always recognize its existence, and it might exist in the mind of one (on account of his relations with one of the parties) who was quite positive that he had no bias, and said that he was perfectly able to decide the question wholly uninfluenced by anything but the evidence. The law therefore most wisely says that, with regard to some of the relations which may exist between the juror and one of the parties, bias is implied, and evidence of its actual existence need not be given. Crawford v. United States, 212 U.S. 183, 196, 29 S.Ct. 260, 53 L.Ed. 465 (1909); see McDonough, 464 U.S. at 556, 104 S.Ct. 845 (Blackmun, J., concurring)(recognizing implied bias as a basis for relief); Smith, 455 U.S. at 221-22, 102 S.Ct. 940 (O’Connor, J., concurring) (same); Amirault, 968 F.2d at 1406 (same); see also Conaway v. Polk, 453 F.3d 567, 587 n. 22 (4th Cir.2006) (collecting cases demonstrating continuing viability of the principle). Implied bias, which is sometimes called “presumed bias,” is determined as a matter of law and “attributed to a prospective juror regardless of actual partiality.” Torres, 128 F.3d at 45 (citing Wood, 299 U.S. at 133, 57 S.Ct. 177); see United States v. Tucker, 243 F.3d 499, 509 (8th Cir.2001) (implied bias determined “without regard to [the juror’s] subjective state of mind”). Where a juror is impliedly biased, disqualification of the juror is mandatory. See Rhodes, 177 F.3d at 965. Therefore, after trial, a conclusion that a juror who participated in rendering a verdict was impliedly biased entitles the moving party to a new trial. See, e.g., Hunley, 975 F.2d at 319-20. Bias is implied in “ ‘extreme situations where the relationship between a prospective juror and some aspect of the litigation is such that it is highly unlikely that the average person could remain impartial in his deliberations under the circumstances.’ ” Sanders v. Norris, 529 F.3d 787, 792 (8th Cir.2008)(quoting Person v. Miller, 854 F.2d 656, 664 (4th Cir.1988)); see also Fields, 503 F.3d at 770. “Some examples might include a revelation that the juror is an actual employee of the prosecuting agency, that the juror is a close relative of one of the participants in the trial or the criminal transaction, or that the juror was a witness or somehow involved in the criminal transaction.” Smith, 455 U.S. at 222, 102 S.Ct. 940 (O’Connor, J., concurring); see also United States v. Brazelton, 557 F.3d 750, 753-54 (7th Cir.2009)(stating that courts must imply bias if the juror is related to one of the principals in the case, regardless of whether the juror is objective in fact); cf. Treesh v. Bagley, 612 F.3d 424, 437-38 (6th Cir.2010) (holding that bias should not be implied where a juror had taken a course taught by the prosecutor). In some circumstances, bias is also implied “when there are similarities between the personal experiences of the juror and the issues being litigated.” Skaggs v. Otis Elevator Co., 164 F.3d 511, 517 (10th Cir.1998). In criminal trials, for example, bias has been implied when the juror was himself, at the time of trial, involved in events that shared significant similarities with the alleged criminal conduct at issue in the case. See Hunley, 975 F.2d at 319-20 (holding, in a case charging murder in the course of a burglary, that bias should be implied where two jurors were the victims of similar burglaries during deliberations); Burton v. Johnson, 948 F.2d 1150, 1159 (10th Cir.l991)(holding, in murder case in which the defendant presented a defense based on having suffered domestic violence at the hands of the victim, that a juror living in similarly abusive circumstances at the time of trial, and who gave dishonest answers regarding that subject at voir dire, was impliedly biased); United States v. Eubanks, 591 F.2d 513, 517 (9th Cir.1979) (per curiam) (implying bias where, in a trial for participation in a heroin distribution conspiracy, a juror failed to disclose at voir dire that he had two sons who were serving long prison sentences for heroin-related crimes); cf. Fields, 503 F.3d at 774-75 (holding, in a case involving allegations of robbery, rape and murder, in which the juror answered questions honestly at voir dire, that bias should not be implied where a juror’s wife had been beaten, raped and robbed two years prior to voir dire); United States v. Powell, 226 F.3d 1181, 1186, 1189 (10th Cir.2000)(holding, in case involving charge of kidnaping for sexual gratification, that bias should not be implied where a juror honestly disclosed at voir dire that she had a daughter who had been raped ten years earlier); Torres, 128 F.3d at 46 (holding, in case involving structuring of financial transactions, that bias should not be implied where juror honestly disclosed in response to voir dire question that the juror herself structured transactions “some years before”); Amirault, 968 F.2d at 1406 (holding, in a case charging rape of a child, that bias should not be implied where the juror had repressed a memory of being raped as a child forty years earlier and had, therefore, answered voir dire questions honestly). In addition, bias may be implied “where repeated lies in voir dire imply that the juror concealed material facts in order to secure a spot on the particular jury.” Fields, 503 F.3d at 770 (citing Dyer, 151 F.3d at 982); see also Green v. White, 232 F.3d 671, 677-78 (9th Cir.2000) (holding that a juror was impliedly biased where he “lied twice to get a seat on the jury,” provided misleading, contradictory, and false responses when questioned about those lies, and engaged in behavior that brought his impartiality into question). As the Ninth Circuit explained in Dyer, where implied bias was found because a juror repeatedly lied to get on the jury, “[a] juror ... who lies materially and repeatedly in response to legitimate inquiries about her background introduces destructive uncertainties into the process.” Dyer, 151 F.3d at 983; see also Green, 232 F.3d at 676 (holding that a juror’s “pattern of lies, inappropriate behavior, and attempts to cover up his behavior introduced ‘destructive uncertainties’ into the fact-finding process, and, under Dyer, we must presume bias under these circumstances”). Even when prospective jurors are dishonest for reasons other than a desire to secure a seat on the jury, dishonest answers to voir dire questions indicate that a juror is unwilling or unable “to apply the law as instructed by the court to the evidence presented by the parties” and, therefore, are indicative of a lack of impartiality because a fundamental instruction in every federal case is that a juror must render a verdict “solely on the evidence presented at trial.” Thomas, 116 F.3d at 617 & n. 10 (citing the Federal Judicial Center’s Benchbook for U.S. District Court Judges). Therefore, dishonest answers are a factor that can contribute to a finding of implied bias. See Skaggs, 164 F.3d at 517. 3. Inferable Bias In Torres, the defendants argued that a judge had improperly dismissed a juror who was not shown to have an actual or implied bias, and that the judge’s improper dismissal caused the government to gain an additional peremptory challenge. See Torres, 128 F.3d at 42. The defendants were charged with conspiring to violate federal money laundering laws and, at voir dire, the trial judge excused for cause a potential juror who recognized that she herself had at one point engaged in structuring cash transactions. Id. at 41-42. Writing for the Second Circuit, Judge Guido Calabresi rejected the defendants’ claim, finding that “there exist a few circumstances that involve no showing of actual bias, and that fall outside of the implied bias category, where a court may, nevertheless, properly decide to excuse a juror. We call this third category ‘inferable bias.’ ” Id. at 46-47. “Inferable” or “inferred” bias exists “ ‘when a juror discloses a fact that bespeaks a risk of partiality sufficiently significant to warrant granting the trial judge discretion to excuse the juror for cause, but not so great as to make mandatory a presumption of bias.’ ” Greer, 285 F.3d at 171 (quoting Torres, 128 F.3d at 47). As the Second Circuit wrote with regard to excusing a juror for inferred bias: There is no actual bias because there is no finding of partiality based upon either the juror’s own admission or the judge’s evaluation of the juror’s demean- or and credibility following voir dire questioning as to bias. And there is no implied bias because the disclosed fact does not establish the kind of relationship between the juror and the parties or issues in the case that mandates the juror’s excusal for cause. Nonetheless, inferable bias is closely linked to both of these traditional categories. Just as the trial court’s finding of actual bias must derive from voir dire questioning, so the court is allowed to dismiss a juror on the ground of inferable bias only after having received responses from the juror that permit an inference that the juror in question would not be able to decide the matter objectively. In other words, the judge’s determination must be grounded in facts developed at voir dire. And this is so even though the juror need not be asked the specific question of whether he or she could decide the case impartially. Moreover, once facts are elicited that permit a finding of inferable bias, then, just as in the situation of implied bias, the juror’s statements as to his or her ability to be impartial become irrelevant. Torres, 128 F.3d at 47; see also Greer, 285 F.3d at 171; United States v. Quinones, 511 F.3d 289, 301 (2d Cir.2007). Although declining to define the “precise scope of a trial judge’s discretion to infer bias,” Judge Calabresi further explained: It is enough for the present to note that cases in which a juror has engaged in activities that closely approximate those of the defendant on trial are particularly apt. The exercise of the trial judge’s discretion to grant challenges for cause on the basis of inferred bias is especially appropriate in such situations. “Because [in such cases] the bias of a juror will rarely be admitted by the juror himself, ‘partly because the juror may have an interest in concealing his own bias and partly because the juror may be unaware of it,’ [partiality] necessarily must be inferred from surrounding facts and circumstances.” McDonough Power Equip., 464 U.S. at 558, 104 S.Ct. at 851 (Brennan, J., concurring) (citation omitted). Torres, 128 F.3d at 47 (emphasis added). Therefore, the category of inferable bias, one courts have long “implicitly assumed to exist,” id. at 43, permits a court in its discretion to dismiss a juror because of an inference that the juror will not be able to decide the case solely on the evidence, even though the juror has not been found to be actually biased and does not satisfy the requirements of implied bias. Such discretion on the part of trial judges deciding matters of juror bias both during trial and after it has also been recognized by the First Circuit. See United States v. Rowe, 144 F.3d 15, 20 (1st Cir.1998) (“[W]e will not intervene unless the trial court’s denial of a cause-based challenge to a juror constitutes a ‘clear abuse.’ ” (quoting United States v. McNeill, 728 F.2d 5, 10 (1st Cir.1984))); see also United States v. Rodriguez-Ortiz, 455 F.3d 18, 23 (1st Cir.2006); Crowley v. L.L. Bean, Inc., 303 F.3d 387, 393-94 (1st Cir.2002); United States v. Lowe, 145 F.3d 45, 49 (1st Cir.1998); United States v. Gonzalez-Soberal, 109 F.3d 64, 69-70 (1st Cir.1997). Although the First Circuit has not expressly recognized inferable bias, its deferential review of trial courts’ decisions about juror bias is consistent with the Second Circuit’s conclusion that a category of bias must exist for which removal of a juror for cause is permissible, but not mandatory. See Torres, 128 F.3d at 46-47. C. The Role of Voir Dire Voir dire examination is intended to assure that every juror is both willing and able to be impartial. See McDonough, 464 U.S. at 554, 104 S.Ct. 845. Voir dire protects the right to an impartial jury “by exposing possible biases, both known and unknown, on the part of potential jurors.” Id.; see also Wainwright, 469 U.S. at 423, 105 S.Ct. 844 (“the quest is for jurors who will conscientiously apply the law and find the facts”); Rosales-Lopez v. United States, 451 U.S. 182, 188, 101 S.Ct. 1629, 68 L.Ed.2d 22 (1981)(“Without an adequate voir dire the trial judge’s responsibility to remove prospective jurors who will not be able impartially to follow the court’s instructions and evaluate the evidence cannot be fulfilled.”). It can be challenging, however, to determine whether a juror is capable of being impartial in a particular case. See Smith, 455 U.S. at 221-22, 102 S.Ct. 940 (O’Connor, J., concurring); Crawford, 212 U.S. at 196, 29 S.Ct. 260; Fields, 503 F.3d at 806 (Berzon, J., dissenting). As explained earlier, similarities between the pre-trial experiences of the juror and matters being litigated raise concerns about whether the juror can decide the case solely on the evidence, uninfluenced by his extrajudicial experiences. See Skaggs, 164 F.3d at 517; Lowe, 145 F.3d at 48-49; Gonzales v. Thomas, 99 F.3d 978, 987 (10th Cir.1996). These concerns arise because some cases involving circumstances similar to a juror’s own experiences create “the ‘potential for substantial emotional involvement’ ” adversely affecting impartiality. Eubanks, 591 F.2d at 517 (quoting United States v. Allsup, 566 F.2d 68, 71-72 (9th Cir.1977)). “There is no precise formula to guide judges in juror-qualification matters.” Sampson, 486 F.3d at 41. Rather, a trial judge must exercise judgment and discretion in deciding whether a juror should be excused for cause. See Lowe, 145 F.3d at 49; Gonzalez-Soberal, 109 F.3d at 69-70. A court’s assessment of a juror’s demeanor in discussing those areas of potential bias plays “an important part” in a judge’s determination of whether a juror is impartial or should be excused for cause. See Ristaino v. Ross, 424 U.S. 589, 594-95, 96 S.Ct. 1017, 47 L.Ed.2d 258 (1976). For example, in a case involving alleged interstate transportation for illegal sexual activity, the First Circuit held that the trial judge properly excused for cause several jurors who had experience with sexual abuse, even though they asserted that they could be impartial, because “the judge did not believe [them] after assessing their demeanor.” Lowe, 145 F.3d at 49. The court also found, however, that the trial judge properly declined to excuse for cause two other jurors who had experience with sexual abuse, relying on their demeanor and noting with regard to one of them, “ ‘[u]nlike the ... two other women who were just in front of me who appeared so visibly upset, she didn’t. She seemed to be able to put it aside, she said she’d be fair and impartial.’ ” Id. (quoting trial court); see also United States v. Ploof 464 F.2d 116, 118 (2d Cir.1972) (“[T]he judge was in the best position to evaluate the juror’s demeanor and to determine, by the juror’s answers to the judge’s questions, whether he could fairly and impartially hear the case and return a verdict based solely on the evidence presented in court.”). Deciding whether to excuse a juror for cause necessarily requires a prediction, in part because even a well-intentioned juror at voir dire does not then know much in advance about the nature of the evidence at trial. A judge must decide whether a juror who claims to be impartial at voir dire, and who the judge may not find to be actually or impliedly biased at that time, will in fact become impaired during the course of the trial because exposure to the evidence will dredge up in the juror’s mind memories of disturbing events and associated emotional responses. See Lowe, 145 F.3d at 49. The need to make such a prediction is one of the reasons that “ ‘[tjhere are few aspects of a jury trial where [the First Circuit] would be less inclined to disturb a trial judge’s exercise of discretion, absent clear abuse, than in ruling on challenges for cause.’ ” Id. (quoting Gonzalez-Soberal, 109 F.3d at 69-70). At the same time, with regard to decisions being made during the jury selection process, “an impartial jury is so fundamental to the Sixth Amendment right to a fair trial, [that] ‘[d]oubts regarding bias must be resolved against the juror.’ ” United States v. Mitchell, 568 F.3d 1147, 1154 (9th Cir.2009) (Thomas, J., dissenting)(quoting Gonzalez, 214 F.3d at 1114). Therefore, “in spite of [the] deferential standard of review” applied to trial judges’ rulings on challenges for cause, Judge Calabresi again writing for the Second Circuit found that a district court had abused its discretion and committed reversible error in denying a challenge for cause of a juror whose answers to voir dire questions revealed actual bias. See United States v. Nelson, 277 F.3d 164, 202 (2d Cir.2002). At voir dire, the juror in that case repeatedly expressed doubt about his ability to remain impartial, and expressed personal interest in events affecting the Jewish community and in the specific crime at issue in the case. See id. at 201-02; see also United States v. Nell, 526 F.2d 1223, 1230 (5th Cir.1976) (reversal warranted where trial judge failed to explore potential bias of juror who belonged to rival union and knew defendant in case charging embezzlement of union funds). D. Postr-Tñal Relief Based Upon Evidence of Partiality Where a judge’s questions on voir dire do not elicit relevant information about a juror’s bias, a juror may be empaneled whose ability to decide a question solely on the evidence is later placed into question. There are generally two reasons why voir dire might not have revealed relevant information. First, in what are sometimes referred to as “non-disclosure cases,” jurors are not asked any questions during voir dire that should have elicited the information. See, e.g., Crowley, 303 F.3d at 407 (describing “nondisclosure” standard); Dall, 970 F.2d at 969-70 (referencing a nondisclosure standard and stating that “jurors cannot be faulted for failing to disclose information for which they were never asked”); United States v. Aponte-Suarez, 905 F.2d 483, 492 (1st Cir.l990)(“Jurors cannot be faulted for failing to disclose ... since they were never asked during the course of voir dire to make such a disclosure.”). Second, in what are sometimes referred to as “inaccurate answer cases,” jurors do not provide relevant information because they give inaccurate or incomplete answers to the questions that should have elicited it. See, e.g., McDonough, 464 U.S. at 555, 104 S.Ct. 845 (characterizing the case as one involving “a juror’s mistaken, though honest response to a question”); Crowley, 303 F.3d at 407 (describing “inaccurate answer[]” standard); Amirault, 968 F.2d at 1405 (analyzing claim of juror bias based on juror’s failure to mention she had brought rape charges forty years prior when asked during voir dire about previous involvement in criminal or civil cases). 1. Non-Disclosure Cases In non-disclosure cases, a party claiming his right to an impartial jury has been violated can obtain a new trial only by proving actual or implied bias. See Crowley, 303 F.3d at 407-08; Dall, 970 F.2d at 969-70; Aponte-Suarez, 905 F.2d at 492. Because non-disclosure cases do not involve juror dishonesty or fault on the part of the juror, see id., they do not raise the substantial concerns that exist in cases where jurors are deliberately dishonest on voir dire. See Dyer, 151 F.3d at 982-83 (juror’s repeated lies during voir dire cast doubt on process and supported finding of implied bias requiring new trial). Therefore, a litigant claiming the denial of the right to an impartial jury in a non-disclosure case must prove that a juror was actually biased or that the facts are such that bias is to be implied. See AponteSuarez, 905 F.2d at 492. Such a litigant cannot prevail under the additional test provided by McDonough, which grants relief in cases involving dishonest answers provided by jurors who would have been dismissed for cause if relevant information had been received in response to questions asked during voir dire. 2. Inaccurate Answer Cases Where a juror has provided an incorrect answer to a question that should have revealed information relevant to a determination of juror bias, a party claiming he was denied an impartial jury may obtain relief by showing actual bias or implied bias, or by satisfying the test articulated in McDonough. As explained below, the McDonough test provides a separate means of relief, and does not require a showing of actual or implied bias. See 464 U.S. at 556, 104 S.Ct. 845 (Blackmun, J., concurring); Amirault, 968 F.2d at 1405-06 & n. 2; Dall, 970 F.2d at 970. a. Traditional Means of Obtaining Post-Trial Relief Prior to McDonough, the traditional means of obtaining post-trial relief based on a juror’s inaccurate answers during voir dire were the same as those for obtaining such relief as a result of a juror’s nondisclosure of information about which the juror was not asked during voir dire. See Skaggs, 164 F.3d at 516 (“Before the Mc-Donough test was adopted by the Supreme Court, litigants alleging juror [partiality] had the opportunity to prove actual or implied bias on the part of a juror after a verdict was entered.”). The “normal avenue of relief available to a party ... asserting that he did not have the benefit of an impartial jury” was the demonstration that a juror was actually biased, or, that circumstances were such that bias had to be implied. See McDonough, 464 U.S. at 556-57, 104 S.Ct. 845 (Blackmun, J., concurring); see also Smith, 455 U.S. at 215, 102 S.Ct. 940 (remedy for allegations of juror partiality is opportunity to prove actual bias); id. at 221-22, 102 S.Ct. 940 (O’Connor, J., concurring)(asserting that implied bias remained viable form of relief in juror bias claims); United States v. Fulks, 454 F.3d 410, 432 (4th Cir.2006); Fields, 503 F.3d at 768 & n. 6. These two forms of relief correspond with the “traditional ]” means of challenging a juror for cause, based on actual or implied bias. See Torres 128 F.3d at 43; Wood, 299 U.S. at 133, 57 S.Ct. 177. b. Relief Pursuant to McDonough McDonough was a product liability case involving a child who was injured in a lawnmower accident. See 464 U.S. at 549, 104 S.Ct. 845. The court of appeals ordered a new trial because one juror who had a son who had been hurt by the explosion of a truck tire did not respond to a voir dire question asking whether any prospective jurors or their immediate family members had ever sustained severe injury in an accident. Id. at 549-50, 104 S.Ct. 845. The juror’s failure to respond affirmatively was assumed to have been the result of an honest interpretation of the question by the juror. Id. at 555, 104 S.Ct. 845. The Supreme Court rejected the view that a mistaken, but honest response to a voir dire question was by itself grounds for a new trial. Id. Instead the Court defined the key inquiry as whether “the juror’s failure to disclose denied respondents their right to an impartial jury.” Id. at 549, 104 S.Ct. 845; see also id. at 556, 104 S.Ct. 845 (Blackmun, J., concurring)(“I agree with the Court that the proper inquiry in this case is whether the defendant had the benefit of an impartial trier of fact.”). This framing of the relevant question was based on harmless error principles, which require a court to exercise judgment instead of ordering “automatic reversal for ‘error,’ ” and to “ignore errors that do not affect the essential fairness of the trial.” Id. at 553, 104 S.Ct. 845 (citing Kotteakos v. United States, 328 U.S. 750, 759-60, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946)). The Supreme Court reasoned that “ ‘[a litigant] is entitled to a fair trial but not a perfect one,’ ” and that “the important end of finality” would be ill served if the court were to “invalidate the result of a three week trial” in order to recreate the voir dire process because of a mistaken, but honest response to a question. Id. at 553, 555, 104 S.Ct. 845 (quoting Brown v. United States, 411 U.S. 223, 231-32, 93 S.Ct. 1565, 36 L.Ed.2d 208 (1973)). Applying these principles, the Court in McDonough then described circumstances in which inaccurate responses to voir dire questions would deny a party his right to an impartial jury and, therefore, affect the essential fairness of the trial, stating: We hold that to obtain a new trial in such a situation, a party must first demonstrate that a juror failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause. The motive for concealing information may vary, but only those reasons that affect a juror’s impartiality can truly be said to affect the fairness of the trial. Id. at 556,104 S.Ct. 845. As explained below, this test requires a party seeking relief under Mc-Donough to prove by a preponderance of evidence admissible under the Federal Rules of Evidence that: (1) A juror gave an inaccurate answer to a question that was asked on voir dire; (2) the question was material; (3) the inaccurate response was dishonest, meaning knowingly and intentionally false, rather than the result of a good faith misunderstanding or mistake; (4) the reasons for the knowingly and intentionally false response relate to the juror’s ability to decide the particular case based solely on the evidence and, therefore, call into question the juror’s ability to be impartial; and (5) a correct response would have provided a valid basis for a challenge for cause and would have required or resulted in the excusal of the juror for cause based on actual bias, implied bias, or inferable bias. See id.; Dall, 970 F.2d at 970. A defendant who proves these five elements has demonstrated a deprivation of the right to an impartial jury — meaning a jury composed only of individuals willing and able to decide the case solely on the evidence — even absent proof of actual or implied bias. See McDonough, 464 U.S. at 556, 104 S.Ct. 845. If the juror would have been excused for cause and the other elements of the Mc-Donough test are met, the defendant is entitled to a new trial without regard to whether the participation of the juror affected the outcome of the case. See Jackson v. Alabama State Tenure Comm’n, 405 F.3d 1276, 1288-89 (11th Cir.2005)(affirming district court’s ruling that defendant was entitled to relief under McDonough because a juror dishonestly failed to disclose convictions making her statutorily ineligible to serve, where district court “did not consider the effect that said juror might have had on the outcome of the jury’s deliberations or any possible bias she might have had”); see also McDonough, 464 U.S. at 556, 104 S.Ct. 845; Dyer, 151 F.3d at 973 n. 2. As explained below, the McDonough test provides an additional means for a defendant to demonstrate that he was denied a right to an impartial jury, distinct from the “normal avenue of relief’ available through a claim of actual or implied bias. See Fitzgerald v. Greene, 150 F.3d 357, 363 (4th Cir.1998) (quoting McDonough, 464 U.S. at 556, 104 S.Ct. 845 (Blackmun, J., concurring)); Amirault, 968 F.2d at 1405-06 & n. 2. In providing this additional form of relief, the McDonough test recognizes that inaccurate answers cast doubt on the efficacy of the voir dire process and the integrity of the trial in a way in which simple non-disclosure of unsolicited information does not. See 464 U.S. at 554, 104 S.Ct. 845. The test further recognizes the unique connection between willfully dishonest answers and the likely partiality of a potential juror, see id. at 556, 104 S.Ct. 845 (Blackmun, J., concurring), and the principle that convictions should not be overturned unless an error is one that affects the fundamental fairness of the trial by denying the defendant the right to an impartial jury, see id. at 553-54,104 S.Ct. 845. i. Inaccurate Answer to Question Asked at Voir Dire (Prong One) The first prong of the McDonough test, requires that a question soliciting the relevant information have been asked of the juror during voir dire, provoking an inaccurate answer. See 464 U.S. at 556, 104 S.Ct. 845. This prong recognizes that the McDonough test applies only to cases involving inaccurate answers to voir dire questions, and not to cases involving nondisclosure of unsolicited information. See Dall, 970 F.2d at 969-70. When a juror fails to answer accurately a question that is asked, doubts are raised about the juror’s motives for the inaccurate answer which are not present when a juror is not asked a question that should elicit relevant information. See id. at 970; Aponte-Suarez, 905 F.2d at 492. Accordingly, the additional form of relief available in claims of jury bias through McDonough applies only where a relevant question was asked at voir dire and the juror’s answer was inaccurate. See 464 U.S. at 556, 104 S.Ct. 845; Skaggs, 164 F.3d at 515; Crowley, 303 F.3d at 407-08. ii. Material Question (Prong Two) In addition, the juror must have provided an inaccurate answer to a question that was material. See McDonough, 464 U.S. at 556, 104 S.Ct. 845. Generally, a matter is material if it has a natural tendency to influence, or be capable of influencing, the judge who must decide whether to excuse a juror for cause. See Neder v. United States, 527 U.S. 1, 16, 119 S.Ct. 1827, 144 L.Ed.2d 35 (1999)(giving general definition of materiality). This requirement is connected to the other requirements of the test, including that the juror’s motive for lying at voir dire relate to juror’s ability to the decide the case based solely on the evidence, and that the information eventually learned by the court, if known, would have provided a valid basis to excuse the juror for cause. iii. Dishonest Answer (Prong Three) The McDonough test requires a defendant to demonstrate that a juror “failed to answer honestly,” that is, that his inaccurate response was dishonest rather than merely mistaken or a result of misunderstanding. See McDonough, 464 U.S. at 556, 104 S.Ct. 845; see also United States v. Perkins, 748 F.2d 1519, 1531 (11th Cir.1984)(court must determine whether juror “was aware of the fact that his answers were false”). The Court in McDonough characterized the issue presented as being whether “the result of a three-week trial” should be invalidated “because of a juror’s mistaken, though honest response to a question.” 464 U.S. at 555, 104 S.Ct. 845. The Court then stated the test to be applied when an inaccurate response is at issue and held that it is not met unless it is proven that the inaccurate response was dishonest rather than merely mistaken. Id. at 555-56, 104 S.Ct. 845; see also De-Burgo, 587 F.3d at 71-72 (no relief under McDonough where inadequate showing of dishonesty); Crowley, 303 F.3d at 408 (same); Davila Cortes v. Ramos Barroso, 27 F.3d 554, at *2 (1st Cir.1994) (per curiam) (unpublished table decision) (same); Dall, 970 F.2d at 970 (same); Amirault, 968 F.2d at 1405 (same). McDonough reflects the understanding that the implications of an innocent error and a dishonest answer are different. An innocent, unintentional error does not itself raise a question of whether an individual is able to decide a case based solely on the evidence, although the information that should have been provided may do so. See 464 U.S. at 555-56, 104 S.Ct. 845. Such a mistake does not suggest that the failure to disclose information that was solicited may have denied a party his right to an impartial jury. See id. at 549, 555-56, 104 S.Ct. 845. McDonough recognizes the reality that “in most cases, the honesty or dishonesty of a juror’s response is the best initial indicator of whether the juror in fact was impartial.” Id. at 556, 104 S.Ct. 845 (Blackmun, J., concurring); see also United States v. Boney, 977 F.2d 624, 634 (D.C.Cir.1992) (“[L]ying or failing to disclose relevant information during voir dire itself raises substantial questions about the juror’s possible bias.”); Burton, 948 F.2d at 1159 (“This dishonesty, of itself, is evidence of bias.”); United States v. Colombo, 869 F.2d 149, 152 (2d Cir.1989) (“[H]er willingness to lie about it exhibited an interest strongly suggesting partiality.”); United States v. Stewart, 433 F.3d 273, 304 (2d Cir.2006) (“[C]ertain false statements that ‘might be harmless in isolation’ may present a ‘much more sinister picture’ when viewed as a whole.” (quoting Green, 232 F.3d at 678 n. 10)). The requirement that a defendant show that an answer was dishonest also recognizes the way in which dishonest answers call into question the integrity of the trial. As the court observed in McDonough, “[t]he necessity of truthful answers by prospective jurors if [voir dire] is to serve its purpose is obvious.” 464 U.S. at 554, 104 S.Ct. 845. “Honesty is the heart of the jury-selection process in an adversarial system; indeed, ‘voir dire’ means ‘to speak the truth.’ ” Fields, 503 F.3d at 772. As explained by Justice Benjamin Cardozo in a related context: If the answers to the [voir dire] questions are willfully evasive or knowingly untrue, the [prospective juror], when accepted, is a juror in name only. His relation to the court and to the parties is tainted in its origin; it is a mere pretense and sham. Clark v. United States, 289 U.S. 1,