UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA :

:

v. : Crim. No. 97-0453 (JR) :

xxxxxxxxxx :

______________________________:

DEFENDANT'S PROPOSED STATEMENT OF THE CASE

AND VOIR DIRE QUESTIONS



xxxxxxxx, through undersigned counsel, respectfully requests that in addition to the Ridley question, the Court read the following statement of the case to the jury panel and ask the proposed following voir dire questions.

STATEMENT OF THE CASE


VOIRE DIRE QUESTIONS

  1. 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 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?
  2. How many of you now have any opinion as to Mr. xxxxxx's guilt or innocence?
  3. How many of you believe that because Mr. xxxxxx was arrested and charged with a crime, that he is probably guilty of something?
  4. 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?
  5. The government may call the following witnesses: (the government's witness list is read to the jury).
  6. 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?

  1. This case will involve testimony regarding the neighborhood in and around three locations in the

District of Columbia: 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?

  1. This case involves charges of illegally possessing a firearm and knowingly and willingly possessing a controlled substance, crack cocaine with the intent to distribute. 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?
  2. 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?
  3. Have you or anyone close to you had an unpleasant experience where guns or drugs were involved?
  4. Are any of you, your close family or friends lawyers or law students or have any of you ever studied law in the past?
  5. 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?
  6. 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?
  7. Have any of you (or your close friends or relatives) ever worked for either a Federal or local court system in any capacity?
  8. 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?
  9. 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?
  10. 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?
  11. Have any of you formed any opinions about either prosecutors or defense attorneys which would affect you in deciding this case?
  12. How many of you feel that police testimony is more likely to be believable or reliable than testimony by another witness?
  13. 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?
  14. How many of you agree that in general police don't make mistakes?
  15. 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?
  16. How many of you have strong feelings about drugs and crime?

24. 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.

25. Would any of you have difficulty expressing your own opinions and thoughts about this case to your fellow jurors?

26. 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



I hereby certify that a copy of the foregoing Proposed Statement of Case and Voir Dire was served by hand-delivery on May 1, 1998 to: Eumi Choi, Esq., Assistant U.S. Atorney, Office of the United States Attorney, 555 - 4th Street, N.W., Washington, D.C. 20001.







__________________________

Valencia Rainey