Free Proposed Voir Dire - District Court of Colorado - Colorado

Case 1:04-cr-00187-LTB

Document 793

Filed 03/28/2006

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case Number 04-cr-00187-LTB UNITED STATES OF AMERICA, Plaintiff, v. 5. JAVIER AVITIA, Defendant. _______________________________________________________________________ DEFENDANT'S PROPOSED VOIR DIRE _______________________________________________________________________ Defendant, Javier Avitia, by and through his attorney, Harvey A. Steinberg, of the law firm of Springer and Steinberg, P.C., hereby proposes the following voir dire questions to the Court: 1. Has anyone ever served on a state or federal grand jury? a. b. c. d. e. When, Where, For how long, Please describe experience, What effect would that experience have on you since the indictment in this

case was returned by a grand jury? 2. Has any friend or relative served on a state or federal grand jury? a. b. c. d. When, Where, For how long, Please describe experience,

Case 1:04-cr-00187-LTB

Document 793

Filed 03/28/2006

Page 2 of 6

e.

What effect would that experience have on you since the indictment in this

case was returned by a grand jury? 3. Does each member of the jury panel understand that the return of an indictment by

a grand jury has no bearing whatsoever on the guilt or innocence of the person charged? 4. Has any member of the jury panel or a close friend or relative been employed or

acquainted with a state or federal prosecutor? a. b. c. Who, When, Is there anything about that acquaintance that would cause you to lean more

to the prosecution's perspective than that of a defendant? 5. lists)? a. What about that relationship would lead you to conclude that person is more Is any member of the jury panel acquainted with the witnesses in this case (read

or less credible than another witness? 6. Has any member of the jury panel or a close friend or relative been employed or

acquainted with a state or federal law enforcement officer? a. b. c. d. Who, When, What was the job, Is there anything about that experience or relationship that would cause you

to lean more to the prosecution's perspective than that of a defendant?

-2-

Case 1:04-cr-00187-LTB

Document 793

Filed 03/28/2006

Page 3 of 6

7.

Has any member of the jury panel or a close friend or relative of the panel ever been

involved with drugs or had a drug problem? a. 8. If so, what were the circumstances?

Has any member of the jury panel recently read about or discussed any criminal cases

involving drugs? a. b. c. 9. If so, what was your impression of what took place, Who did you discuss the matter with, Where did you read about the matter?

Has any member of the jury panel or a close friend or relative of the panel ever been

charged with a crime? a. b. c. justice system? 10. Has any member of the jury panel, a friend or relative ever served as a juror in the When, What was the crime, What was your experience with law enforcement, and view of the criminal

criminal or civil case? a. b. c. 11. What kind of case was it (civil or criminal), What were the allegations, What was the verdict?

Would any member of the jury panel consider the testimony of a government agent

more credible than that of an ordinary person?

-3-

Case 1:04-cr-00187-LTB

Document 793

Filed 03/28/2006

Page 4 of 6

12.

Does any member of the jury panel have any reservation about judging the credibility

of a government agent in exactly the same way as an ordinary person? 13. Does any member of the jury panel feel that if a defendant does not testify that he

may be guilty of hiding something? 14. Does any member of the jury have any reservation about following the court's

instruction that the jury is not permitted to infer anything from the defendant's election not to testify? 15. Is each member of the jury comfortable with the concept that the government must

prove the charges beyond a reasonable doubt, and the defendant need not prove anything in order to be found not guilty? 16. Does each member of the jury understand that the standard of proof beyond a

reasonable doubt in a criminal case is the highest standard of evidence provided for under our laws? 17. Will each member of the jury follow the law that requires you presume that the

defendant is innocent of each and every charge in this case unless the prosecution can prove this case beyond a reasonable doubt? 18. If you have a reasonable doubt at the conclusion of the trial, is each member of the

jury comfortable finding the defendant not guilty even though the United States Government urges you to find him guilty?

19.

Has anyone had any difficult experiences surrounding the use or sale of illegal drugs? a. If so, what were the circumstances?

-4-

Case 1:04-cr-00187-LTB

Document 793

Filed 03/28/2006

Page 5 of 6

20.

Do you know anyone who has been charged or convicted regarding the use of sale

of illegal drugs? a. 21. If so, what were the circumstances?

Have you ever contacted law enforcement about suspected illegal drug use? a. If so, what were the circumstances?

22.

Do you know anyone who you believed to be involved in any illegal activity

concerning drugs? a. If so, what were the circumstances?

DATED this 28th day of March, 2006.

Respectfully submitted, s/Harvey A. Steinberg Attorney for Javier Avitia Springer & Steinberg, P.C. 1600 Broadway, Suite 1200 Denver, CO 80202 (303)861-2800 Telephone (303)832-7116 Telecopier [email protected]

-5-

Case 1:04-cr-00187-LTB

Document 793

Filed 03/28/2006

Page 6 of 6

CERTIFICATE OF SERVICE I hereby certify that on March 28, 2006, I electronically filed the foregoing DEFENDANT'S PROPOSED VOIR DIRE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: James Boma Email: [email protected]

s/Jan Cooley For Harvey A. Steinberg Attorney for Javier Avitia Springer & Steinberg, P.C. 1600 Broadway, Suite 1200 Denver, CO 80202 (303)861-2800 Telephone (303)832-7116 Telecopier [email protected]

-6-