Free Proposed Voir Dire - District Court of Connecticut - Connecticut

Case 3:03-cr-00003-EBB

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Filed 01/03/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES

V.

ANTHONY D. AUTORINO
LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

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CRIMINAL ACTION NO. 3:03CR0003(EBB)

JANUARY 3, 2005

DEFENDANT'S PROPOSED VOIR DIRE QUESTIONS The defendant, Anthony D. Autorino, respectfully requests that the following supplemental voir dire questions be submitted to the jury in addition to the questions typically posed by the Court. I Parties & Case 1. Have you heard, read or seen anything about this case? (a) If yes, please explain.

2. Have you heard of, or done business with, the defendant in this case, Anthony D. Autorino?

3. The following is a list of names of people you may hear from or about during this trial. Do you know, or have you heard of, or have you worked with any of the following individuals:

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LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

Ealy Bennett Roger Bernhammer Terry Dorman Kenneth Dorros Michael Fawcett Durwin Jones Susan Kraus Peter McDonald Gordon Muir Charles Pryce Jennifer Reiber Charles Singleton John Colleran Walter Paulekas Edwin Smith William DiBella (a) If yes, please identify which person and in what context you know that person.

4. Have you ever had any experience with, or do you have any connection with, any of the following entities? ADS Realty Central Bank Fairchild Industries Federal Deposit Insurance Corporation ("FDIC") Intermedia Communications, Inc. New Bank of New England Republic Credit Corporation Sentinel Bank Shared Technologies, Inc. Shared Technologies Fairchild, Inc.

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(a) 5.

If yes, please explain. Have any of you heard or read anything whatsoever concerning this case?

6. The evidence in this case will show that Anthony Autorino is a businessman and an entrepreneur. Is there anyone on the panel who would be biased against Mr. Autorino solely because of that? II. Background/Employment

7.
LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

Where do you work (if unemployed or retired, where did you last work)? (a) How long have you worked there? (b) What other jobs have you held?

8. 9.

How far did you go in school? Are you single, married, divorced, widowed?

(a) If married, or otherwise living with someone, what does your spouse/partner do? 10. Have you ever served in the military? (a) If yes, what branch, what rank, and for how long?

11. Have you, any relative, or anyone close to you ever worked in the legal profession in any capacity, including but not limited to, as a prosecuting attorney, criminal defense attorney, judge, legal secretary, or paralegal?

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(a) If yes, please provide that person's name, relationship to you, and the area of law in which he or she worked. (b) Have you had any direct personal experiences with any person working in the legal profession in any capacity, including, but not limited to, as a prosecuting attorney, criminal defense attorney, judge, legal secretary, or paralegal? 12. Is there any p u blic figu re Why? 13. either p resent d ay or historical w ho you ad m ire?

Do you believe innocent people can be arrested and/or indicted?

LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

14. In the last few years, there have been a lot of TV show s regard ing law yers and the crim inal ju stice system , i.e., Law and Ord er, Am erica s Most Wanted , Cop s, The Practice, etc. Do you w atch law yer show s or have you w atched any coverage of live cases on TV? 15. As a resu lt have you form ed any op inions abou t d efense attorneys or prosecutors? 16. Do you believe you are good at sizing p eop le u p ? Are you able to tell w hen someone is lying to you? 17. Have you ever been lied to?

18. Do you consid er you rself to be a p atient p erson? The reason I ask is becau se there cou ld be tim es d u ring the trial w hen the ju ry m ay have to stay in the ju ry room w hile w e take u p legal issu es? Cou ld you be p atient if that w ere to hap p en? You w ou ld n t hold it against either sid e w ou ld you ? 19. Does the fact that Anthony Autorino is charged with several offenses, as opposed to one offense, make it seem more likely to you that he must be guilty? 20. If you w ere Anthony Au torino, w ou ld you w ant to be ju d ged by som ebod y possessing your present frame of mind in this case?

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21. H ave you or anyone close to you ever served in the m ilitary? If so, p lease explain. 22. H ave you or anyone close to you ever held p olitical office or ru n for p olitical office? If so, please explain. 23. 24. Do you read books? What type of books? Will you listen to all of the evidence before you make up your mind?

25. Will you refrain from m aking u p you r m ind at any p oint in the trial before it is completely over?
LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

26. Do you assu re u s that you w ill not m ake u p you r m ind u ntil after the d efend ant has rested his case and until after the final arguments and the judges instructions on the law? 27. H ave you ever heard the d efend ant s nam e m entioned anyw here other than in this courtroom? If so, please explain. III. Experience with Crime and/or Fraud 28. Have you, any relative, or anyone close to you ever been a victim of a crime or a complaining witness in a criminal case? (a) If yes, please explain. 29. Have you, any relative, or anyone close to you ever been charged with, convicted of, or investigated concerning a criminal offense, other than minor traffic violations? (a) If yes, please explain. 30. Have you, any relative, or anyone close to you ever been the victim of a fraud, or the victim of a scam or con artist? (a) If yes, please explain.

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31. Do you know anyone who has been accused or convicted of fraud or making false statements? (a) If yes, please explain. 32. Do you think that you, any relative, or anyone close to you, have been negatively impacted by any corporate financial problems or fraud? 33. Is there anything abou t the natu re of the charge in this p articu lar case alleged frau d involving the FDIC that w ou ld in anyw ay give rise in you to a belief, know led ge, p reju d ice, or exp erience, that w ou ld p revent you from keep ing an op en mind?
LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

34. Is there anything abou t the natu re of this p articu lar charge that w ou ld bias you at the outset against Anthony Autorino? 35. Does the fact that Anthony Autorino has been indicted by a Grand Jury in this case lead you to conclude that he must have done something wrong or otherwise he would not be on trial? IV. Financial and/or Business Experience 36. Have you taken any courses or had any training in business, finance, investment, or any similar area? (a) If yes, please explain how many courses and/or how much training you have had and identify the areas in which you have had courses/or training. 37. Have you ever invested in the stock market? (a) If yes, have you either (1) ever sustained a significant loss, and/or (2) stopped investing in the stock market in the last five years? Please explain. 38. Have you ever felt taken advantage of in a business dealing? (a) If yes, please explain.

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39. Have you ever been owed a debt that was not paid? (a) If yes, please explain: 40. Have you ever defaulted on a loan? (a) If yes, please explain: V. Experience with Government and/or Related Agencies 41. Have you, any relative, or anyone close to you, ever been employed by any federal, state or local law enforcement agency, any other federal, state of local governmental agency, or any private detective agency or security firm?
LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

(a) If yes, please explain. 42. Have you, any relative, or anyone close to you had any experience involving law enforcement officials or government agents that might prevent you from considering the evidence in this case fairly and impartially? (a) If yes, please explain. 43. Would you give greater or lesser weight to the testimony of a law enforcement officer or government agent than to the testimony of any other witness simply because the witness was a law enforcement officer or government agent? (a) If yes, please explain. 44. Have any of you had any experiences negative or positive federal agency like the FDIC? If so, please explain. in dealing with a

45. At least one of the governm ent s w itnesses in this case w ill be an agent of the FBI. H ave you or anyone close to you had any p ersonal exp erience w ith fed eral agents, including the FBI?

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46. If the court instructs you that with respect to the testimony of all federal agents that you are not to automatically assume such testimony is truthful, will you be able to accept that? 47. Do you know any criminal defense attorneys? Any prosecutors? Any judges? VI. Previous Jury or Trial Experience 48. Have you ever served on a State or Federal Grand Jury? (a) If yes, please explain. 49.
LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

Have you ever served as a juror in a criminal case? (a) If yes, please explain the case and what the verdict was.

50.

Have you ever served as a juror in a civil case? (a) If yes, please explain the case and what the verdict was.

51. Have you, any relative, or anyone close to you ever been a plaintiff (i.e., files a lawsuit) or been a defendant (i.e., been sued) in a civil case? (a) If yes, please explain. VII. Justice System 52. The Court will instruct you that, as a matter of law, a defendant is presumed to be innocent on each of the charges against him and the burden is entirely on the government to prove his guilt on that charge beyond a reasonable doubt. A defendant does not have to prove that he is not guilty. Would it be difficult to follow these instructions? (a) If yes, please explain. 53. The Court will instruct you that you must wait until all of the evidence has been presented and the Court has instructed you on all of the applicable law before you can

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reach a conclusion with respect to any of the charges against the defendant. Would it be difficult for you to follow this instruction? (a) If yes, please explain. 54. Some people have religious or philosophical views that prevent them from acting as jurors and in effect judging other people. Do you have any such beliefs that would affect your ability to serve as a juror? (a) If yes, please explain. 55. If you are instru cted as a ju ror that if evid ence can be interp reted in one of tw o ways one consistent w ith innocence and one consistent w ith gu ilt then you m u st interp ret in a m anner consistent w ith innocence, w ou ld you be able to follow ing that instruction? 56. Given w hat you know abou t ou r crim inal ju stice system in the United States, d o you think it is to lenient in favor of persons accused of crimes or too severe? 57. Have any of you or anyone close to you been sued or brought a lawsuit against anybody for anything? If so, please explain. 58. Do you u nd erstand that u nd er ou r law , a d efend ant is p resu m ed innocent and that presumption of innocence alone is sufficient to acquit him of this crime? 59. Do you understand that an indictment or charge by a Grand Jury is simply that a charge. It is a vehicle to get the d efend ant to trial and nothing m ore. It is no evid ence whatsoever of guilt. Can you accept that? 60. Under our system, the way a case is brought to trial is for the Government to be a p arty to the case. This is only a form ality and is m erely p roced u re. Does the fact that the Governm ent, the United States, is a p arty to this case as it is in every fed eral crim inal case, m ake you in anyw ay biased in favor of the Governm ent or the prosecution?

LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

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61. Do you understand that simply because the United States is a party to the case as it is in every fed eral crim inal case, cannot be interp reted as an im p lication of gu ilt. Mr. Au torino stand s here tod ay in the eyes of the law as an innocent d efend ant. H e is p resu m ed innocent and rem ains so u nless or u ntil the Governm ent can p rove each and every elem ent of each and every crim e against him beyond a reasonable d ou bt. Do any of you have any hesitancy whatsoever in accepting that as the law? 62. In this case, the prosecution must prove every essential element of the crime charged beyond a reasonable doubt. I will instruct you on the elements of the crime at a later time. If the Government fails to prove any essential element beyond a reasonable doubt you must find the d efend ant not gu ilty . Is there anything abou t this principle that you find contrary to your beliefs?
LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

63. Shou ld the Governm ent fail to p rove any of the elem ents of this case beyond a reasonable doubt would you hesitate to return a verdict of not gu ilty ? 64. Will you judge this case strictly and solely upon what you hear in this courtroom in the form of evidence and nothing else? 65. If I instru ct you not to read anything abou t this case in the new sp ap ers or w atch anything on TV or listen on the radio, will you follow that instruction? 66. 67. Do any of you know one another? If so, in what capacity? Do any of you now have any opinion about this case?

68. Do each of you p ersonally p resu m e that Anthony Au torino innocent at this point? 69. Do each of you u nd erstand that you cannot find Mr. Au torino gu ilty only if you think he is gu ilty of som e crim e? It is not enou gh to convict a d efend ant if you m erely think he engaged in som e crim inal cond u ct at som e p oint. Und er you r oath, you m u st be convinced beyond a reasonable d ou bt that the Governm ent p roved the p articu larly charge against him in this case and every elem ent of that charge beyond a reasonable doubt before you can convict him of anything.

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70. If you came to the conclusion that the prosecution had not proven guilty beyond a reasonable doubt and you found that you were in the minority, would you change your verdict solely because you were in the minority? 71. Can any of you think of any reason w hy you w ou ld be u nable to rend er a fair and just verdict in this case? 72. Every individual who is charged with a crime has a right to remain silent. That means that a person on trial does not have to testify in his own behalf or even to present any defense. If Anthony Autorino chooses not to testify, would you hold it against him in any way?
LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

73. If you w ere given a p iece of p ap er and asked to vote right this m om ent as to whether Mr. Autorino is guilty or not guilty, what would your vote be? 74. Do you understand that the burden of proof that the Government has in this case proof beyond a reasonable doubt that Mr. Autorino violated the law is the highest burden of proof in the law higher then in any civil case? 75. Do you u nd erstand that you cannot sp eak w ith anyone abou t this case w hile it is going on? 76. Do you understand that you should not make up your mind until after you hear everything all of the evidence in the closing arguments? Will you be able to do that?

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THE DEFENDANT, Anthony D. Autorino

LYNCH, TRAUB, KEEFE AND ERRANTE, P.C. ATTORNEYS AT LAW - P . O . BOX 1612 - NEW HAVEN , CT 06506-1612 ( 20 3) 78 7- 0 27 5 - JURIS NO . 34 87 8

BY:______________________________ Hugh F. Keefe, Esq. Federal Bar No. ct05106 Nicole Fournier Gelston Federal Bar No. ct18550 Lynch, Traub, Keefe & Errante 52 Trumbull Street P.O. Box 1612 New Haven, CT 06506 (203) 787-0275 (203) 782-0278 Fax [email protected] [email protected]

CERTIFICATION I hereby certify that a copy of the foregoing was sent via facsimile and regular mail on January 3, 2005, to all counsel and pro se parties of record as follows: Assistant United States Attorneys James G. Genko, Esq. Thomas V. Daily, Esq. 450 Main Street Hartford, CT 06103 ______________________________ Hugh F. Keefe

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