UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA CIRCUIT
UNITED STATES )
v. ) CR. NO. 97-0030-01 (LFO)
xxxxxxxxxxxx )
DEFENDANT'S PROPOSED STATEMENT OF THE CASE
AND VOIR DIRE QUESTIONS
I. DESCRIPTION OF CASE
This case involves criminal charges against xxxxxxxx. 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 December 28, 1996, in the area of
15th & A Streets, NE, at approxiamtely 10:00 p.m.. Specifically, the police allege
that at approximately that time, Mr. xxxxxx was seen by a police officer running into 1528
A Street, NE, the residence of Ms. Rita Yates. The police further allege that a subsequent
search of Ms. Yates's residence revealed a partially loaded, Lorcin Model L-300 handgun in
a box of trash sitting at the bottom of the staircase. The government alleges that the
weapon and ammunition found in that box belonged to Mr. xxxxxx. Mr. xxxxxx denies that
either the gun or ammunition belonged to him, and further denies that he was in possession
of either a gun or ammunition.
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 because Mr. 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 that Mr. 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
__________________________
L. Barrett Boss
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 the foregoing Proposed Statement of Case and
Voir Dire was served by hand-delivery on March 26, 1997 to:
Office of the United States Attorney
for the District of Columbia
Halsey Frank, Esq.
555 - 4th Street, N.W.
Washington, D.C. 20001
__________________________
L. Barrett Boss