IN THE UNITED STATES DISTRICT COURT FOR

THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES OF AMERICA :

v. :

xxxxxxxxxxxxx, : CRIM. NO. 97-451 (RCL)

Defendant. :

________________________________:

DEFENDANT'S PROPOSED STATEMENT OF THE CASE

AND VOIR DIRE QUESTIONS

I. DESCRIPTION OF CASE

This case involves criminal charges against xxxxxxx. The charges against Mr. xxxxxx are contained in an indictment, which is a formal accusation and is not itself evidence of any kind. At trial, the prosecution must prove the charges against Mr. xxxxxx beyond a reasonable doubt. Mr. xxxxxx has pleaded not guilty to the charges and, under the law, is presumed innocent.

The indictment contains two counts. Count One alleges that Mr. xxxxxx illegally possessed a handgun; and Count Two alleges that Mr. xxxxxx illegally possessed ammunition. Both charges arise from events on

(Continue)

VOIR DIRE

Defendant, by and through undersigned counsel, hereby requests that in addition to the Court's usual voir dire, including without limitation the Ridley question, that the following questions also be asked of the panel:

A fundamental principle of our legal system is that when a person is charged with a criminal offense, he is presumed to be innocent unless and until the government proves guilt beyond a reasonable doubt. Mr. xxxxxx does not need to produce any evidence whatsoever to prove his innocence. If you are selected as a juror in this case, how many of you will have difficulty applying this rule of law?
How many of you now have any opinion as Mr. xxxxxx's guilt or innocence?
How many of you believe that becauseMr. xxxxxx was arrested and charged with a crime, that he is probably guilty of something?
How many of you feel that you might have some difficulty presuming that Mr. xxxxxx is innocent of the charges against him in this case?
The government may call the following witnesses: (the government's witness list is read to the jury).
Mr. xxxxxx is presumed innocent of the charges against him, and has no obligation to call any witnesses. Mr. xxxxxx may or may not call some or all of the following witnesses: (A list of Mr. xxxxxx's possible defense witnesses will be prepared before voir dire.)

Do any of you know any of the people whose names I have read?

This case will involve testimony regarding the neighborhood in and around 15th and A Streets, NE and 16th and Constitution, NE. Do any of you (or your family or close friends) live in this neighborhood or have you or they lived there in the past? Or, is there any other reason why you have a particular familiarity with this neighborhood?
This case involves charges of knowingly possessing a pistol and ammunition. How many of you feel that, because of the nature of the charges in this case, it might be difficult for you to sit as a juror?
[If the Court denies the defendant's pretrial motion and decides to inform the jury of Mr. xxxxxx's prior felony conviction, we request that the following specific questions be asked:]

-The government may present evidence that Mr. xxxxxx has previously been charged with, and/or convicted of, a felony. How many of you feel that this prior charge and/or conviction makes it more likely that Mr. xxxxxx possessed the handgun with which he is charged in this case?

-During the course of the trial, you will not learn of the specific nature of the prior felony charge against Mr. xxxxxx, how many of you would be inclined to speculate about the nature of that prior charge?

-You will be instructed that you are not to speculate about the nature of that prior charge or to assume that such a prior charge makes it more or less likely thatMr. xxxxxx committed the offense for which he is now on trial. The only relevance of that prior charge is to determine whether Mr. xxxxxx is covered by the statute under which he is now charged. Is there anybody who feels that they would not be able to follow the Court's instruction forbidding such speculation or assumptions.

As residents of a major metropolitan area, many of us are concerned about guns and about crime. As jurors in this case, you would be required to set aside your concerns and attitudes on general issues and decide this case independently and solely on the evidence and the instructions as the Court gives them to you. How many of you feel that you might find that difficult?
Have you or anyone close to you had an unpleasant experience where guns were involved?
Does anybody on the jury have experience using firearms, or does anybody have any particularized knowledge regarding the mechanics of how a handgun works?
Are any of you, your close family or friends lawyers or law students or have any of you ever studied law in the past?
Have any of you, your close family or friends ever worked, either formally or informally, or applied for employment with, a law enforcement agency? By law enforcement agency I mean organizations such as the Metropolitan Police Department, F.B.I., the State's Attorney's or District Attorney's Office, the United States Attorney's Office, C.I.A., I.R.S., B.A.T.F., Secret Service, Military Police, U.S. Customs Office, GSA Guards, D.C. building police, private security firms and the like?
How many of you (or your close friends or relatives) have been employed by any prison, jail, department of corrections, probation office, or parole agency?
Have any of you (or your close friends or relatives) ever worked for either a Federal or local court system in any capacity?
Have any of you ever served on a grand jury or a petit jury (civil or criminal) in either the Federal or a local or state court system?
Have any of you ever sat before on a criminal jury. If so, what kind of case was it and what verdict, if any, did the jury reach?
Is there anything about that experience--whether it involved the lawyers, the judge, the accused, the evidence, or your jury deliberations--that makes you feel that you would have trouble being fair and impartial, or that you believe would make it difficult for you to serve as a juror in this case?
Have any of you formed any opinions about either prosecutors or defense attorneys which would affect you in deciding this case?
How many of you feel that police testimony is more likely to be believable or reliable than testimony by another witness?
If you had to choose who to believe, a police officer or a witness called by a defendant, how many of you would be more likely to believe the police officer because he is a police officer?
How many of you agree that in general police don't make mistakes?
Do any of you now, or have you within the past five years, belonged to or participated in any crime prevention groups, such as neighborhood watch organizations, orange hat groups, or any other crime prevention groups?
How many of you have strong feelings about gun control?
To reach a verdict, every juror must agree on the verdict. That is, any verdict must be unanimous. In deliberations you must consider the opinions and points of your fellow jurors. In the final analysis, however, you must follow your own conscience and be personally satisfied with any verdict.
Would any of you have difficulty expressing your own opinions and thoughts about this case to your fellow jurors?
Do any of you feel that you would tend to go along with the majority of jurors even if you did not agree just because you were in the minority?

Respectfully submitted,

A.J. KRAMER

FEDERAL PUBLIC DEFENDER

__________________________

Valencia Rainey

Assistant Federal Public Defender

625 Indiana Avenue, N.W.

Suite 550

Washington, D.C. 20004

(202) 208 7500

CERTIFICATE OF SERVICE

This is to certify that this 4th day of March 1998, a copy of the foregoing Proposed Statement of the Case and Voir Dire was served by facsimile and first-class postage prepaid mail upon the Office of the United States Attorney, 555 Fourth Street, N.W., Washington, D.C. 20001, for Assistant United States Attorney Gregory Gruber, Esq.

__________________________

Valencia Rainey