UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA





UNITED STATES OF AMERICA, :

:

Plaintiff, :

v. : CRIMINAL NO.: 98-288(GK)

:

xxxxxxxxxxxxxxx, :

:

Defendant. :

________________________________:



DEFENDANT'S PROPOSED STATEMENT OF THE CASE

AND VOIR DIRE QUESTIONS



xxxxxxx , 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.

VOIR 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. xxxxx 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. xxxxx's guilt or innocence?
  3. How many of you believe that because Mr. xxxxx 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. xxxxx 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. xxxxx is presumed innocent of the charges against him, and has no obligation to call any witnesses. Mr. xxxxx may or may not call some or all of the following witnesses: (A list of Mr. xxxxx'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 area of the 3700 and 3800 block of Wheeler Road, S.E., 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?
  2. This case involves charges of illegally possessing a firearm 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?
  3. 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?
  4. Have you or anyone close to you had an unpleasant experience where guns or drugs were involved?
  5. Are any of you, your close family or friends lawyers or law students or have any of you ever studied law in the past?
  6. 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. Special Police Officers, private security firms and the like?
  7. 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?
  8. Have any of you (or your close friends or relatives) ever worked for either a Federal or local court system in any capacity?
  9. 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?
  10. 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?
  11. 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?
  12. Have any of you formed any opinions about either prosecutors or defense attorneys which would affect you in deciding this case?
  13. How many of you feel that police testimony is more likely to be believable or reliable than testimony by another witness?
  14. 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?
  15. How many of you agree that in general police don't make mistakes?
  16. 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?
  17. How many of you have strong feelings about drugs and crime?

24. Do any of you belong to any organizations who advocate gun control?





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 September 28, 1998, to Amy J. Conway, Assistant United States Attorney, the Office of the United States Attorney, 555 Fourth Street, N.W., Washington, D.C. 20001, by leaving a copy at the United States District Courthouse drop box for the Office of the United States Attorney.







__________________________

Valencia Rainey