Free Notice Regarding Exhibit Attachment - District Court of California - California

Case 3:08-cr-00802-JAH

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EXHIBIT B

Case 3:08-cr-00802-JAH

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SANDIEGO;-CALIFORNIA-WEDNESDAY,JANUARY 11, 2 0 0 7 - 1 0 : 4 5 ~ . ~ .
MR. HAMRICK: YOU AND EACH O F YOU DO SOLEMNLY SWEAR

OR AFFIRM THAT YOU WILL GIVE TRUE ANSWERS TO ALL QUESTIONS THAT WILL BE PUT TO YOU TOUCHING ON YOUR QUALIFICATION TO

SERVE AS A GRAND JUROR DURING T H I S S E S S I O N OF'COURT, YOU? (ALL GRAND JURORS
RESPOND

SO HELP

AFFIRMATIVELY)
PLEASE BE SEATED AND COME

M R . HAMRICK.:
TO ORDER. THE COURT:

THANK.YOU.

LADIES AND GENTLEMEN,

GOOD MORNING AND

WELCOME TO THE UNITED STATES D I S T R I C T COURT FOR THE SOUTHERN ' D I S T R I C T O F CALIFORNIA.. YOU'..RE HERE TODAY I N CONNECTION WITH I KNOW ALL O F YOU'HAVE

OUR EFFORT TO IMPANEL GRAND J U R I E S .

SEEN T H E FILM ABOUT THE FUNCTION OF THE GRAND JURY.

I'M

GOING

M INTERACTIONS WITH YOU' TODAY. Y

.

.'

WE'RE ESSENTIALLY LOOKING FOR PEOPLE WHO CAN FAIRLY

TRIAL.

THAT'S THE FUNCTION.OF THE GRAND JURY.

YOU,'RE TO WEED

22

1

ALTHOUGH ACKNOWLEDGING THAT YOU'RE NOT MAKING A F I N A L DECISION

24

. BUT THE IDEA O F PUTTING A PERSON THROUGH A T R I A L O F , I T S E L F I S

~ ~

25
','

A SIGNIFICANT
.
. , .... ,
.I

RESPONSIBILITY, .
,
,

AND THAT ' s . THE R E S P O N S I B I L I T Y

*:

..

.I

-.. .

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* 1.
4
5
6

1

I

THAT WE CALL ON YOU TO F U L F I L L .

'

MY NAME I S LARRY BURNS.

I'M 'THE JURY JUDGE.

I'LL

I1

T E L L Y 0 U . A L I T T L E B I T ABOUT OUR COURT. WE HAVE 1 2 ACTIVE JUDGES HERE NOW AND F I V E SENIOR
JUDGES:

WHEN A FEDERAL JUDGE TURNS. 65 AND ASSUMING

THEIR AGE

AND T H E I R YEARS O F S E R V I C E ADD UP TO 8 0 , THEY CAN GO SENIOR AND WORK. A REDUCED CASELOAD. D I S T R I C T WORK VERY,

I *1 I

. BUT OUR S E N I O R S I N OUR VERY BUSY

VERY HARD. EACH O F OUR JUDGES HERE, WAS APPOINTED

E A C H . O F US,

THE SENATE.

WE HAVE A VERY BUSY, A C T I V E D I S T R I C T HERE.

OUR

P R O X I M I T Y T O . T H E BORDER G I V E S US LOTS O F CASES.

I THINK I F

YOU SERVE ON ;THE GRAND JURY OR I F YOU'VE BEEN HERE BEFORE S E R V I N G . A S A T R I A L JUROR, YOU"RE AWARE THAT PEOPLE TRY T O

JEANS. LAWS.

ALL THOSE THINGS ARE NOW IMPLICATED BY THE FEDERAL
.
., . ..

LET. ME .INTRODUCE THE CLERK O F OUR. COURT, MR.. HAMRICK,.. H E ' S THE THAT CALLED COURT TO ORDER..

T H E APPROVAL O F THE GRAND JURY THAT THE CASE CAN'GO FORWARD.

I

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(-$ .

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2

I F YOU'RE CHOSEN A S A GRAND JUROR, YOU'RE GOING TO
BE HEARING,

BY AND LARGE, CASES PRESENTED BY THE ASSISTANT

UNITED STATES ATTORNEYS WHO WORK I N OUR D I S T R I C T . REPRESENTING THAT O F F I C E I S MR. TODD ROBINSON. HE'S
'

A VERY FINE LAWYER.
T R I A L LAWYER, AND

I'VE

KNOWN HIM FOR YEARS.

HE'S A F I N E

VERY SMART FELLOW. .-,WHO"S BEEN WITH THE .U:S

.

.

.. .

.

.,....-. . .

ATTORNEY

s

OFFICE FOR SOME TIME, ALSO,

S H E ' S , THE GRAND JURY

.

YOU'LL BE GETTING TO KNOW HER I N WORKING WITH HER. AND THEN WHOSE ADMINISTRATOR.
.... ..
:

OU,R 'JURY

.

AND THEN FINALLY I THINK. MOST O F Y O U ,HAVE MET-S H E ' S OUR JURY CLERK.

... .

AND THEN THIS YOUNG W ~ M A N ERE, EVA OEMICK,
COURT REPORTER.

S H E ' S MY

YOU'LL S E E HER OCCASIONALLY WHEN YOU COME

DOWN TO RETURN GRAND 'JURY INDICTMENTS.

AFTER YOU' DECI'DE WHICH

C A S E S SHOULD GO FORWARD, USUALLY THE FOREPERSON OR T.HE. DEPUTY FOREPERSON WILL COME DOWN. TO OTHERS. BUT THAT SOMETIMES TO MY COURT; SOMETIMES

s

A REPORTED PROCEEDING.
THIS IS THE MOST

SO WE'RE GLAD TO HAVE YOU HERE TODAY.

IMPORTANT S E R V I C E , AND WE .APPR,ECIATE YOU B E I N G HERE.
.

,

.OR.GRAND
.
.

JURY

SERVICE

IS "I WISH I WAS SOMEWHERE ELSE."

.*

.AND I UNDERSTAND THE SENTIMENT.

WE ALL LEAD VERY

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IN THE POSITION OF A DEFENDANT IN A CASE OR A PLAINTIFF IN A CIVIL CASE OR EVEN THE UNITED STATES GOVERNMENT,

3
4
5

PEOPLE WHO HAVE A'STAKE IN THE COMMUNITY, PEOPLE WHO ARE

--...... . .

7 8

JURY.SYSTEM IS ABOUT. AS WELL.

OUR GRAND JURY SYSTEM DEPENDS ON THAT
s .

WE WANT FA1.R-MINDED PEOPLE TO MAKE THESE VERY

9
.lo

IMPORTANT DECISIONS. SO WHILE I ACKNOWLEDGE AND I UNDERSTAND THAT YOU
.

11 12 13
14

LEAD VERY'BUSY LIVES, WE APPRECIATE THE COMMITMENT THAT YOU MAKE. OUR SYSTEM DEPENDS ON IT. AT SOME POINT. IF YOU COUNT

1

ON THE SYSTEM TO GIVE YOU JUSTICE, THEN YOU MUST BE PREPARED TO MAKE THIS KIND OF COMMITMENT WHEN CALLED UPON TO DO IT. AGAIN, I APPRECIATE YOU BEING HERE. THAT SAID,.WE!VE TRIED TO SCREEN THOSE PEOPLE PREVIOUSLY WHO, IN THEIR QUESTIONNAIRES, TOLD US THAT THEY HAD SO

15
16

17

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1

MY EXPERIENCE IS THAT BETWEEN,THE TIME WE GET THE

21

ACTUALLY SPEAK.TO PEOPLE PERSONALLY, THAT SOMETIMES THERE

s

22
. 2. 3

SOME ADDITIONAL PROBLEMS THAT ARISE THAT WEREN'T FORESEEN AND WEREN'T KNOWN AT THE T.IME ALL OF YOU FILLED .OUT THE
I

24

25

1

QUESTIONNATRES.
MADAM CLERK., IF YOU ' LL CALL.THE FIRST 23 NAMES.

L

.

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THE CLERK:

T H I S I S THE PANEL 0 7 - 1 ,

THE'WEDNESDAY

I

.

, .

THE NEXT NAME HAS BEEN EXCUSED.

I ' L L DRAW A NEW

,h , a

131
14

1

'

THE NEXT .NAME HAS BEEN EXCUSED.

I ' L L DRAW ANOTHER

NAME RANDOMLY..

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,

THE COURT:

GOOD MORNING AGAIN.,
."

YOU HAVE A COPY OF THE QUESTIONNAIRE WITH THE BASIC BIOGRAPHICAL INFORMATION.
.
.

WOULD YOU TELL US ABOUT Y,O,URSELF, PLEASE. PROSPECTIVE JUROR: MY MAKE. I'M A TEACHER. MY'WIFE IS 'R

. ... -.

LIVESIN

ONE ADULT CHILD.' . HE'S SOME.EXPER1ENCE IN THE STATE COURT. NOVEMBER OR OCTOBER.
THE COURT:

I WAS IN A TRIAL IN

YES, I CAN BE FAIR AND IMPARTIAL. WHERE DO YOU TEACH?
SCHOOL DISTRICT.
.

. PROSPECTIVE JUROR:
.

.

THE.COURT:

WHAT IS YOUR' DISCIPLINE?

PROSPECTlVE JUROR: STUDIES.
.

LANGUAGE, ,ARTS, SOC1,U

.

THE COURT:

I HAVE TWO SONS WHO

THERE 24 YEARS.

AND AS SOON AS THE YOUNGEST ONE GRADUATED,

TWO WEE'KS LATER I MOVED CLOSER TO...DOWNTOWN BECAUSE. THE DRIVE

WAS KILLING ME.
.
,

.
.

HOW LONG HAVE YOU.BEEN A TEACHER? PROSPECTIVE .JUROR: I STARTED'A.T.

. ..

.

.

..

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I
I

I ' V E BEEN AT THE COURT: NICE TO HAVE YOU.

FOR '1 YEARS. 5

I
DECISION

T H E R E ' S A DIFFERENCE, O F COURSE,

BETWEEN THE

I I
I
DO.

DOUBT BECAUSE THE GRAND JURY I S NOT MAKING. AN ULTIMATE.

.

.

ABOUT WHETHER SOMEONE IS GUILTY OR NOT

OF

THE CHARGE.'

II-.

INSTEAD,

THE GRAND, JURY I S DETERMINING REALLY TWO FACTORS:

".DO WE HAVE A REASONABLE

--

COLLECTIVELY,

DO W HAVE A E

'

'REASONABLE B E L I E F THAT A CRIME WAS COMMITTED?,

AND SECOND,

I

.

WE HAVE A REASONABLE BELIEF THAT THE PERSON THAT THEY PROPOSE THAT W I N D I C T COMMITTED THE CRIME?'' E I F THE ANSWER I S "YES" TO BOTH O F THOSE, THEN THE

I
I

I

lI

CASE SHOULD MOVER FORWARD. QUESTIONS INDICT.
I S "NO,"

I F THE ANSWER TO EITHER O F THE.

THEN THE GRAND JURY SHOULD HESIT.ATE AND NOT

YOU UNDERSTAND THAT LEGAL DIFFERENCE BETWEEN GRAND

I

JURY FUNCTION AND TRIAL JURY FUNCTION? P R O S P E C T ~ V E JUROR: THE COURT: YOUR ANSWERS.
. . .

I
..

YES, I DO.

I

THANK YOU.,'.
: :

. I' :APPRECIATE

'

,

.
TELL US ABOUT YOURSELF:
. .
'

PROSPECTIVE. JUROR: 24 25

M NAME . , I S . Y
.

LIVE I N
SOFTWARE COMPANY.

I IM A MANAGER O F IMPLEMENTAT,IONS FOR A

.

,

I ' M NOT MARRIED.
.
,

,

I HAVE. NO .CHILDREN. '

1"VE \

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""

SERVED, AS A FEDERAL GRAND JUROR I N

' 99,

I BELIEVE.

PROSPECTIVE JUROR: THE COURT: T H I S PROCESS. PROSPECTIVE JUROR: YES, I CAN F A I R .

YES. YOU KNOW ALL ABOUT

YOU'RE A VETERAN.

CORRECT.

THE COURT:

ARE YOU U P ' T O THE TASK? YES.

PROSPECTIVE JUROR: THE COURT: OTHER ASSEMBLED
BEFORE,
.

I THINK I T MIGHT BE I N T E R E S T I N G TO THE
WHO HAVE NOT BEEN ON A GRAN.D JURY
-.

PEOPLE

I

DID YOU ENJOY

YOUR P R I O R ' SERVICE?
I D1.D. LEARNED A LOT O F THINGS?

PROSPE.CTIVE JUROR:

THE COURT:
. .

INTERESTING?
YES.

PROSPECTIVE JUROR: THE COURT:

MOST PEOPLE WHO'VE SERVED ON THE GRAND

I

JURY T E L L ME I T ' S ONE O F THE B E S T , L E A R N I N G EXPERIENCES O F

I

INTERESTING ISSUES.

BACK.

.PROSPECTIVE JUROR :
I'M AND MY HUSBANDiIS. A.
.

;. .
A REGI,STERED NURSE.
. .
. :

: I

.-L

WE I.N.;
MARRIED,

. I'M

I H A V E ~ ~ U CHILD L T

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1

WHO'S I N H I S

I HAVE
I COULD BE F A I R

2
. 3

EXPERIENCE

A S A T R I A L JUROR I N MY M I D - P O ' S .

IF' SELECTED 'FOR A GRAND JURY.

4

THE COURT: HEARD 25 C A S E S ?

YOU WERE I N YOUR M I D - 2 0 ' s

OR YOU'VE

5
6 7.
,

PROSPECTIVE JUROR: T.IME AGO. THE COURT: DIFFERENCE. I ASKED

I WAS I N MY M I D - 2 0 ' s .

A LONG

..
'

8
.. 9

ABOUT THE
r .

. .

ALL O F YOU,

O F COURSE, HAVE SEEN THE ORIENTATION

10 11
12
.

T A P E ABOUT THE FUNCTION O F THE GRAND JURY'. YOU APPRECIATE THE DIFFERENCE I N THE FUNCTION BETWEEN THE TWO E N T I T L E S , T R I A L J U R I E S AND GRAND J U R I E S ? PROSPECTIVE JUROR: . T H E COURT: YES

13

.

14
15 16

YOU CAN CONSCIENTIOUSLY F U L F I L L THE J O B

O F B E I N G A GRAND JUROR 'SHOULD YOU BE ACCEPTED TO SIT' ON T H I S PANEL? PRO'SPECTIVE THE COURT: PROSPECTIVE JUROR: MY NAME I S JUROR: YES,

17
18

I CAN.

GOOD MORNING. GOOD MO.RNING.
;,,

19

20 21
22
23

p.,;pIvE:

..-

:..I

!.M. ...

:.%.

R E T I R E D NOW S I N C E JUNE O F LAST YEAR. RESEARCH T E C H N I C I A N FOR' &EARS.
a

I WAS A P R I N C I P A L
I ' V E ' BEEN MARRIED FOR WE DON I T . HAVE ANY

MY W I F E

1s

A,

2'4

CHILDREN.

AND I W A S ON A CIVIL

REAL ESTATE TRIAL FOR A COUPLE .

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THE COUR;~':

AS YOU'VE HEARD ME ALLUDE TO,

I

THE GRAND JURY FUNCTION I S . T O DETERMINE WHETHER THERE'S ENOUGH EVIDENCE FOR A CASE TO GO FORWARD FOR A FULL-BLOWN T R I A L .

I
I
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I
,

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7

BUT IT

s AN.IMPORTANT
'

DECISION.

SOMETIMES THE POWER TO CHARGE

1

SOMEBODY"-TO BRING
TO RUIN SOMEBODY.
SO

AN INDICTMENT AGAINST SOMEBODY I S THE POWER
.
.....

.WE WANT YOU TO LOOK AT THE CASES CAREFULLY AND
.

ANSWER THE TWO QUESTIONS THAT I MENTIONED TO "DO I HAVE A REASONABLE B E L I E F THAT A FEDERAL CRIME WAS COMMITTED? AND DO I HAVE A REASONABLE B E L I E F , BASED ON THE

...............

PRESENTATION' O F EVIDENCE S O FAR,

THAT T H I S PERSON THEY WANT ME EITHER COMM1TTE.D I T

131

TO I;N D I C T HAD SOMETHING TO DO WITH THAT, .

I I
I

'

.
l4 l5
16

1 1
(

OR HELPED I N THE COMMISSION O F ' T H E CRIME?"
,

CAN YOU MAKE DECISIONS SUCH AS THAT I F 'YOU WERE'

,

IMPANELED AS A GRAND JUROR HERE?

I I I
I

THE COURT:

THANK YOU.
.. GOOD ' MORNING
. . ..

:

.

.

TELL US ABOUT YOURSELF.
PROSPECTIVE JUROR:
I'M.

. .

I .LIVE I N I

I WORK.AS A SPEECH P A ~ H O L O G I S T

I M NOT MARRIED :

DON'T HAVE ADULT CHILDREN. . .
ACROSS THE STREET. ... THE COURT :

J 'VE B & N

ON THREE TRIAL JURIES
. .

.

WHAT WAS.-YOUR' MOS.T RECENT TRIAL JURY

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SERVICE,

HOW LONG AGO? PROSPECTIVE JUROR:
.

*1
3 1
' 4

' I N THE ' 8 0 s .

AND I COULD BE A FAIR JUROR.

THE COURT: QUESTIONS,
.

YOU MAKE THAT STATEMENT MINDFUL O F THE
PUT TO THE OTHER P R O S ~ E C T I V E GRAND JURORS?

5

THAT I ' V E
,

6

PROSPECTIVE JUROR: THE COURT:

YES.

THANK YOU, GOOD MORNING.

10

1

1 1
12

1 ....

I

LIVE I

I ' M A P R I N C I P A L FOR AN ELEMENTARY SCHOOL.
. ,
. .

I'M

M A R R I E D , AND MY SPOUSE S H E E 15 .

I HAVE ~

D

U

L

T

I ' V E SERVED A S A T R I A L JUROR
AND YES, I CAN BE F A I R .

13
.... .

I N TH.E STATE COURT I N THE, ' 8 0 s . THE COURT: DOES, YOUR

14

15
16
17
. 18

1'
1
.
.

PROSPECTIVE .,'JUROR:
'

YES.

. SHE' s

THE COURT: WHAT I S , T H E NATURE O F HER
DOES SHE-,

PROSPECTIVE JUROR:

'

L.:, .',

.

'. .;. , . . . ........:. .
: I

'

.

21
22'
. .

.

THE COURT:

THANK'YOU,

23

P R O S P E C T I V E JU.ROR:

MY NAM.E I S '

I LIVE

2 5 .- . HUSBAND'S "-

.

. ,

.

,

"'MY.'-

I ONLY HAVET-AND

HE

..I_

..

(I,,

,,. :

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I

I

WORKS FOR THE

I . H A V E NO EXPERIENCE.
. .

YES,

I CAN

3 ,
4

THE COURT:

THANK YOU,

IVE JUROR:

MY NAME IS
I ' M MARRIED T
AND I ' V E NEVER HAD ANY

RSE. N.D

8

EXPERIENCE AS A TRIAL JUROR. THE COURT:

:

YOU WATCHED OUR ORIENTATION F I L M T H I S

O F T H E GRAND JURY AND THE FUNCTION O F THE T R I A L JURY?

PROSPECTIVE .JUROR: THE COURT: A GRAND JUROR?
'

YES.

'

YOU'RE PREPARED T 0 , S E R V E THE FUNCTION O F

PROSPECTIVE' JUROR:.

I LL TRY,..

THE COURT:

THANK YOU,
. .

PROSPECTIVE JUROR:
..

HI.

MY NAME I S

. I L I V E IN.'-

.

.

,

I ' M A S E R V I C E FOR THE S O C I A L S E C U R I T Y

I N APRIL.

I DON'T HAVE ANY CHILDREN.
AND YES,

I DON'T HAVE ANY
I WILL BE ~ A I , R .

EXPERIENCE AS A TRIAL .JUROR.

THE COURT:
. .

THANK YOU.

. .

PROSPECTIVE
t..

JUROR:

MY NAME. 1.S

I

.

.

.. .. .

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TRANSCR1,PTION

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_.. . . .

.

.

LIVE IN
I

-. .

.

, ;..

..

3.....
.?+

-

- . .:'!"',

'

.

I HAV

HILDREN THAT THINK THEY'RE ADULTS, BUT

t.

6.
7. 8

THE COURT:

THE PRESENTATION OF

EVIDENCE TO THE GRAND JURY IS NECESSARILY ONE-SIDED. THAT'S

1
I

WHAT THE SYSTEM CONTEMPLATES. .YOU'RE GOING TO B E HEARING ONLY

I
I

THERE'S A LATER OPPORTUNITY, IF AN INDICTMENT IS

13 14
:

PRESENT HIS OR UER SIDE OF THE CASE; CONFRONT THE ACCUSERS AND THE WITNESSES AGAINST HIM.

16

1

THAT SITUATION; THAT YOU'RE GOING TO BE HEARING JUST ONE SIDE,

I

.lg.
19

'PROSECUTOR' EVIDENCE ALONE'. S
YOU RE PREPARED FOR THAT; RIGHT?.

PROSPECTIVE JUROR:

I UNDERSTAND THAT .'
,

THE COURT:
22
23
m

THAT'S ONE OF THE FUNDAMENTAL

..
.

1

DIFFERENCES BETWEEN T H E FULL ADVERSARY SYSTEM OF A JURY TRIAL

I

:

AND THEN OUR GRAND:'JURY PROCEEDING. NOW., HAVING TOLD YOU THAT, MY EXPERIENCE I S THAT THE
'PROSECUTORS DON T PLAY HIDE-THE-BALL. IF THERE

24 2s .

s

SOMETHING

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ADVERSE OR THAT CUTS AGAINST THE CHARGE, YOU1LL,BE INFORMED O F THAT. THEY HAVE A DUTY TO DO THAT.

BUT T H A T ' S NOT TO SAY THAT EVERY CHARGE WILL PASS

JURY,

I TAKE I T YOU'RE UP TO I T ? PROSPECTIVE JUROR: THE COURT:

I BELIEVE SO.

THANK YOU.

PROSPECTIVE JUROR:

M NAME I S Y

I L I V E I N SAN DIEGO I N THE MISSION H I L L S AREA.

I'M 'RE.TIRED.

I.'VE B E E N . CALLED

FOR JURY

SERVICE A NUMBER OF TIMES.,

:BUT I ' V E .

NEVER ACTUALLY BEEN SELECTED AS A JUROR.

CAN I . B E F A I R ? I HAVE

I'LL

TRY.

BECAUSE O F THE NATURE O F THE WORK THAT I DID,

SOME FAIRLY STRONG OPINIONS ABOUT SOME O F THE PEOPLE WHO COME I N T O THE'LEGAL SYSTEM. BUT I W O U L D ' T R Y TO WORK.WITH THAT'.

THE COURT:

W E ' R E ALL PRODUCTS OF OUR EXPERIENCE.

WE'RE NOT GOING TO TRY TO DISABUSE YOU O F EXPERIENCES OR .JUDGMENTS THAT YOU HAVE. WHAT WE' ASK I S THAT YOU NOT'ALLOW

.-.

THOSE T 0 , C O N T R O L INVARIABLY THE OUTCOME O F THE CASES COMING I N FRONT O F YOU; THAT YOU LOOK AT THE CASES FRESH, YOU EVALUATE

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~

. PROSPECTIVE JUROR:

I ' L L DO MY BEST.

THECOURT:

IS THERE A CERTAIN CATEGORY O F CASE THAT

YOU THINK MIGHT BE TROUBLESOME FOR YOU. TO S I T ON THAT YOU'D BE INSTINCT'IVELY T I L T I N G ONE W Y I N FAVOR.OF INDICTMENT OR THE A

OTHER WAY AGAINST INDICTING
CASE? PROS.PECTIVE JUROR:

JUST BECAUSE O F THE NATURE O F THE

WELL;

I HAVE SOME FAIRLY STRONG

FEELINGS REGARDING DRUG CASES.

I DO NOT' BELIEVE THAT ANY
AND I THINK WE'RE SPENDING
-".

DRUGS SHOULD BE'CONSIDERED ILLEGAL,

A LOT OF TIME. AND ENERGY PERSECUTING AND PROSECUTING CASES

WHERE RESOURCES SHOULD BE DIRECTED IN OTHER AREAS.
I ALSO HAVE STRONG FEELINGS ABOUT IMMTGRATION CASES.
AGAIN,

I THINK ' W E ' R E SPENDING

'I.

A .LOT-OF TIME PERSECUTING PEOPLE

THAT WE SHOULD NOT BE.

THE COURT:

WELL, LET ME TELL YOU,

YOU'VE NIT

ON .THE

TWO' TY.PES O F CASES THAT ARE REALLY KIND O F THE STAPLE OF',THE

WORK W DO' HERE I N THE SOUTHERN D I S T R I C T O F CALIFORNSA. E
MENTIONED I N 'MY INITIAL

AS I

REMARKS, OUR PROXIMITY TO THE BORDER

K I N D . O F MAKES US A FUNNEL FOR BOTH DRUG CASES AND IMMIGRATION .CAS:ES. YOU,'RE GOING TO BE HEARING THOSE CASES I. CAN TELL YOU

FOR SURE.
THAT..
'

JUST

A S. DAY FOLLOWS NIGHT,
8

YOU RE HEAR CASES LIKE

CASES?

.

JUST AS THE DEFENDANT ULTIMATELY IS ENTITLED TO A FAIR
.

T R I A L AND THE PERSON THAT'S ACCUSED I S

.ENTITLED TO , A FAIR

:

. ..

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SO,

TOO,

I S THE . U N I T E D STATES E N T I T L E D TO A F A I R JUDGMENT.

IF

WOULDN'T WANT YOU TO SAY,

"WELL,

YEAH,

T H E R E ' S PROBABLE CAUSE. I

BUT I S T I L L DON'T L I K E WHAT' OUR G.OVERNMENT I S DOING. DISAGREE WITH THESE LAWS, GO FORWARD.
"

SO I ' M NOT GOING TO VOTE FOR I T TO THEN PROBABLY YOU

I F T H A T ' S YOUR FRAME O F MIND, ONLY YOU CAN TELL ME 'THAT.

S H O U L D N ~ T .SERVE.

CATEGORY.
'

THE COURT:

I N THE LATTER CATEGORY? YES.

PROSPECTIVE JUROR: T H E COURT:

WHERE I T WOULD BE D I F F I C U L T FOR- YOU TO

SUPPORT A CHARGE'EVEN I F Y O U ' T H O U G H T THE EVIDENCE WARRANTED

IT? PROSPECTIVE. JUROR: THE COURT: YES.

I ' M GOING T O EXCUSE YOU, THEN.

I

APPRECIAT,E YOUR'HONEST ANSWERS. THE COURT: 0 YOU. WANT T O P I C K A REPLAC'EMENT

I . .
.

AT T H I S P O I N T ? THE CLERK: YES, SIR.

. ,THE COURT:
OF THE SHEET.
.

. "

'

. L E T ME G I V E YOU A MINUTE TO GET A COPY
,

TAKE A LOOK AT I T .

I T H I N K W KNOW WHO' YOU E

ARE.

,COMPUTER-AIDED T R A N S C R I P T I O N

,

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Document 13

Filed 04/15/2008

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PROSPECTIVE JUROR :
.

.

CORRECT. MY HUSBAND AND I HAVE OUR OWN

I LIVE IN

BUSINESS.

WE ARE ENGINEERING .AND.MANUFACTURING COMPONENTS FOR WE'VE BEEN I N B U S I N E S S ABOUT.

YEAR^

NOW.

WEI R E DOING REALLY WELL.

H E FREAKED OUT 'WHEN HE

TOLD ME I SHOULD J U S T T E L L Y 0 U . I S E E GUILTY PEOPLE. THE COURT: OH, I SAY THROUGH T H E PHONY EXCUSES.
i

YOU T H I N K OTHERS HAV.ENIT T R I E D THAT BEFORE. PROSPECTIVE JUROR: I t M , S U R E THEY HAVE.

I

WE'VE BEEN MARRIED 31 YEARS. CHILDREN. ONE'S A
'

I HAVE TWO ADULT

AND THE OTHER O N E ' S A
N

:.STUDENT AT APPEARANCE.'

I T ' S MY F I R S T COURT

AND I THJNK I CAN. BE 'FAIR. I THINK YOU I L L 'ACTUALLY ENJOY I T , AND I

THE COURT:

HOPE Y O U ' L L BE ABLE TO ACCOMMODATE,YOUR WORK SCHEDULE HELPING .YOUR HUSBAND WITH THAT.

.
I'M
KIND O F CONCERNED 'ABOUT OUR

.I,
.

PROSPECTIVE JUROR:
SCHEDULE.

TREMENDOUS F I N A N C I A L BURDEN;" H E R E ' S WHAT I ' M .BUFEETED B,Y AS THE ,PERSON CHARGED

I
. .

WITH MAKING THE DECISIONS: JURIES,
"

THE CONSTITUTION ;-REQUIRES .THAT .

I'

TRIALR I E S JU

AND GRAND J U R I E S , BE DRAWN FROM A F A I R
1

.

.

COMPUTER-AIDED

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.

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Document 13

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Page 20 of 69

AND ACCURATE CROSS-SECTION

OF THE COMMUNITY.

AND WHAT THE

COURTS.HAVE S A I D OVER THE YEARS I S NO GROUP I S AUTOMATICALLY .EXCLUDED. YOU'VE GOT TO LOOK AT EVERYBODY. BASIS. AND THE EXCUSES

HAVE.TO BE ON A CASE-BY-CASE

HERE THAT WERE NOT REPRESENTED, AND THAT WOULDN'T BE
CONSISTENT WITH THE CONSTITUTIONAL

GUARANTEES.

AND SO I ' M THE GUY AT THE FLOODGATE WITH THE B I G WHEEL TRYING TO TURN I T AN,D MAKE T H E ' , D E C I S I O N S .

I SAY THAT

RELUCTANTLY BECAUSE . I ' M NOT UNMINDFUL AT ALL O F THE BURDEN I T
. PLACES ON NOT ONLY SELF-EMPLOYED

PEOPLE,

BUT PEOPLE WITH

REGULAR FULL-.TIME O F TIME.

JOBS THAT ARE GOING T O B E AWAY FOR A PERIOD

W E ' DO APPRECIATE YOUR $.SERVICE.
SERVICE.

IT

s

IMPORTANT

YOU SAY T H I S I S YOUR F I R S T T I M E ,HERE. WITH LITIGATION

I F YOU WERE

EVER HERE I N SOME' OTHER CAPACITY,

O F SOME

TYPE., WHETHER CIVIL

OR CRIMINAL,

YOP WOULD WANT CONSCIENTIOU~S..

PEOPLE .FROM' THE COMMUNITY.'

THAT'S THE GUARANTEE THAT W TRY E

. I T WILL BE A JURY O F YOUR PEERS, PEOPLE J U S T L I K E YOU FROM OUR
'COMMUNITY WHO WILL MAKE THE.D.ECISION.. WE -CAN'T CONTINUE TO

.

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Page 21 of 69

WE'RE GLAD TO HAVE YOU.

PROSE'ECTIVE JUROR: LIVE I N

M NAME I S Y

I I ' M MARRIED. . M Y
CHILDREN.

AND I ' M A - J A N I T O R . I

HAVE-~ULT

MY

,

AND I HAVE ONCE BEEN A TRIAL .JUROR ABOUT 15 YEARS AGO.

'.

2

..

.

.

THE COURT:. PROSPECTIVE'

CRIMINAL OR C I V I L ? JUROR: C I V I L CASE.
,

. .
.

AND I COULD BE ' F A I R . THE COURT: YOU MAKE THAT STATEMENT MINDFUL O F THE

QUESTIONS I ' V E PUT TO OTHERS AND THE ANSWERS THAT THEY'VE GIVEN? PROSPECTIVE JUROR: YES.

THE .COURT: THANK YOU.

. ..,
PROSPECTIVE JUROR :

I L ~ V EI N

.

I ' M AN ENGINEER FOR T H E .
I N S T A L L AND MAINTAIN

I
.. ..i ... . . ,.:.

I M NOT MARRIE'D.
I HAVE .NOT SERVED ON A JURY BEFORE. THE COURT: ANY TYPE .O.F .JURY?

I .HAVE NO CHIL,DREN.

PROSPECTIVE JUROR:

ANY TYPE O F JURY.

I HOPE I CAN BE F A I R .

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THE QUESTION IS JUST A TIME PROBLEM; RIGHT? THE DEFENDANT:
4
. .

YES, SIR.

THE COURT:

DOESN'T HAVE TO DO WITH FAIRLY -NO, SIR.

5
6 7 8

--... PROSPECTIVE'JUROR:

:H TE

COURT:
.

I SPOKE TO YOU AT SIDEBAR ABOUT THAT.
.

IF IT BECOMES .A PROBLEM, WE'CAN DEAL WITH IT. I'LL REVISIT IT
AT 'SOME LATER TIME.

BUT I THINK THE ExPLANATIoN 1 GAVE T o m A L s o
WOULD APPLY IN YOUR CASE.

I CAN'T JUST SUMMARILY SAY, 1

1

~

~

~

THIS FELLOW'S GOT A.TIME PRO'BLEM, SO WE'VE GOT TO LET HIM GO." WHERE'S YOUR DUTY STATION HERE? WORKPLACE? PROSPECTIVE JUROR: THE COURT: YOUR ANSWERS.
.. ,
L

WHERE'S YOUR

I N -

. .

.

THANK YOU.

.

I APPRECIATE

PROSPECTIVE '.JUROR: MY NAME IS

.
CHILDREN.

I'M A STATISTICIAN AT

'.IJM..SEPARATED. NOW. I HAVE T W O RIGHT
.

I'VE BEEN ON A TRIAL JURY ON A ,CRIMINALCASE AT THE
.

,...

.

.

,.... ,.... *,. .

.. . .. :* .

'

.?i?"'
'

SUPERIOR COURT ABOUT TWO YEARS AGO.
.
,

AND I CAN BE FAIR.
'

THE COURT.: YOU WATCHED THE FILM AND APPRECIATE 'THE

DIFFERENCE BETWEEN THE FUNCTION OF THE GRAND JURY AND THEN
WHAT A .CRIMINAL TRSAL JURY DOES?

Case 3:08-cr-00802-JAH

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PROSPECTIVE JUROR:.
I

YES.

:

.

.

.

THE COURT:

. THANK YOU,

I ' M NOT GOING TO MAKE ANY J O K E S ABOUT

..
PROSPECTIVE JUROR: MY N A M E ' I S '

'. I . .
I ' M A PROJECT

LIVE I MANAGER

..

J U S T EAST O F HERE.
THE C I T Y O F

FOR

..-.....I.!M...MARRI E.D.. ..

WIFE '

-s--,x'
ND
.

S H E ' S ON LEAVE RIGHT NOW R A I S I N G ~ K ~ D S ; :

.

. ~ O N T H S . SO T H E Y ' R E NOT.' ADULTS.
S E R V I N G ON ANY JURY O F ANY T Y P E . BEEN EXCUSED FROM ONE OR TWO.

I HAVE NO EXPERIENCE I ' V E BEEN SUMMONED. I'VE

I ' V E S I M P L Y . N O T BEEN CALLED FOR

THE COURT:
. - .

THANK YOU.
.$!
: :

..... ,

,

!

.PROSP.ECTIVE

JUR~R:

..

I L I V E IN'THE

.:.- COMMUNITY O F

I DRIVE A SCHOOL FOR THE
MY W I F E IS. A

l8

I
'

SCHOOL' D I S T R I C T .

WORKS. AS A . THE .COURT: I N THE.

.

.

HOW LONG'HAVE YOU DRIVEN A SCHOOL BU'S .. .,
,

UP,

. .

PROSPECTIVE JUROR.:
.,

. T H R E E YEARS NOW.

ACTUALLY;

I'VE
, .

'

.ONLY HAD T O , DRIVE U P T

WITH A BUS FOR ABOUT THREE

.... .

I.
.

I
COMPUTER-AIDED TRANSCRIPTION

. !

,

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.. .-

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t It!

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-. - -Filed04/15/2008 - --- ....- 24 of 69 Page
. . . .

. C a p 3.67 -P -

I

2

AREA.

NOW I ' MOVER BY

DRIVING.

1 ,D R I V E

3
4

S P E C I A L NEEDS CHILDREN. THE COURT: I T ' S BEEN A WHILE S I N C E M K I D S WERE Y

5

SMALL.

I TOOK THEM TO SNOW.
I S UP I N THE..MOUNTAINS; RIGHT? PROSPECTIVE JUROR: J U S T ABOVE WHERE THE

.

6
7
8

F I R E WAS.

9
10

THE COURT :
COLDER THAN

OH.

I M THINKING

WAY' FARTHER .EAST AND

11
12
WINTER,

YOU'RE NOT DRIVING OUT I N THE. SNOW DURING THE ARE YOU? PROSPECTIVE JUROR: SCHOOLS.
'

.

c=:::'
L..

13 14 15

NONE O F THE

. A N D I ' V E NEVER BEEN ON A JURY A T ' , A L L .

I THINK I CAN

16
17

DO ALL T H I S .
THE COURT:

YOU HAVE NO RESERVATION

ABOUT YOUR

18 19
.

ABILITY TO BE F A I R AND IMPARTIAL AND LOOK AT THE EVIDENCE AND
PERFORM THE FUNCTION THAT THE.GRAND JURY PER,FO,RMS.
.

.-.

. .

,

20

. .

. PROSPECTIVE: 'JUROR:
. .
'

NO,

SIR.

'.

21
22
.

.
.

THE' COURT:
,

.

..

PROSPECTIVE ~TUROR: MY NAME IS : -

I LIVE
. .

'

.

23

IN

.

.

I '

I WORK AS. .A SCHOOL
'

PSYCHOLOGIST.

,I!M .

AT THE
.

DISTRICT.

1 AM ',MARRIE.D.

MY HUSBAND IS_ A

: so
\,

NOW H E
2.q.

.

.

.

.

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Paae 25 of 69

.

.

C a y 1 2 7 c: W?. STFA

nncumMtl8Eiled 0713019007

...

ADULT STEPCHILDREN. IS I

ONE IS AN

.-..AND ONE
'

'

I SERVED A'S A TRIAL JUROR IN VISTA MAYBE AND YES, I CAN BE FAIR.

I
I

'

TEN YEARS AGO NOW.

PROSPECTIVE JUROR:
FROM
:
- ,

MY NAME . s 1
......

I'M

I'M 'A HOMEMAKER. MY HUSBAND IS .-A ; OUR:
.. .
-z..L.~..'

.V;E...\ N.E,TJE,R; . BE.EN S.ELECTE . D

. .
.

THE COURT:

WERE YOU CALLED UP TO VISTA?

IS THAT
.:.

WHERE YOU WOULD,REPORT? PROSPECTIVE JUROR: THE COURT: PROSPECTIVE JUROR: LIVE IN KIDS.
.

YES.
.
?,a,,.

. .

MAY NAME IS.

I NO

.

I 'M A REAL ESTATE AGENT. NOT MARRIED.

HAVE NOT SERVED. AND AS FAR AS BEING,FAIR, IT KIND OF THE CASE IS ABOUT BECAUSE THERE IS A

DEPENDS UPON

DISPARITY BETWEEN STATE AND FEDERAL LAW.
THE COURT: IN WHAT REGARD? SPECIFICALLY', MEDICAL

PROSPECTIVE JUROR: MARIJUANA. .

THE.COURT: WELL, THOSE,THINGS -- 'F.1-1~ CONSEQUENCES.
OF YOUR DETERMINATION SHOULDN~,T CONCERN YOU .IN THE SENSE THAT

I

..

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25

THE CONSEQUENCE THAT C,ONGRESS HAS SET FOR THESE'THINGS. ASK YOU'TO ALSO ABIDE BY THAT. BUSINESS-LIKE WE WANT YOU TO MAKE A

WE'D
.

DECISION AND LOOK AT THE FACTS AND MAKE 'A

DETERMINATION O F WHETHER THERE WAS A PROBABLE CAUSE.

COULD YOU DO THAT?

COULD YOU PUT A S I D E STRONG

PERSONAL FEELINGS YOU MAY HAVE? PROSPECTIVE JUROR: STRONG , O P I N I O N ON I T . FEDERAL CALIFORNIA. THE COURT: . I T DEPENDS. I HAVE A VERY

,.WE L I V E I N THE, STATE. O F CALIFORNI,A, NOT THAT'S HOW I FEEL ABOUT I T VERY STRONGLY. WELL,

I DON'T KNOW HOW OFTEN MEDICAL I DON'T HAVE A GOOD FEEL
'

MARIJUANA USE CASES COME UP HERE. FOR THAT. OFTEN.

MY INSTINCT IS THEY' PROBABLY DON' T ARISE VERY

.

BUT I 'SUPPOSE ONE OF THE SOLUTIONS WOULD BE I N A'CASE YOU COULD RECUSE'

IMPLICATING MEDICAL USE O F MARIJUANA, YOURSELF FROM THAT CASE. ARE YOU WILLING TO DO THAT?

'

THE COURT:
GIVE A FAIR,

ALL OTHER CATEGORIES O F CASES YOU 'COULD

CONSCIENTIOUS ~ U D G M E N T ON? FOR THE. MOST PART,
1

PROSPECTIVE, JUROR: . .

BUT I ALSO

THE COURT:

,

OUR LAWS ARE DIFFERENT FROM THAT.
. .

AND

AS YOU HEARD ME ,EXPLAIN TO

THAT COME THROUGH I N OUR COURT ARE DRUG CASES. . ..

YOU1.LL BE

CALLED UPON TO EVALUATE THOSE CASES OBJECTIVELY AND THEN MAKE

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I ' M NOT G O I N G . TO FOLLOW I T HERE.

"

YOU'D HAVE A S I M I L A R 0 B L I G A T I O N . A S A GRAND JUROR EVEN THOUGH YOU MIGHT HAVE TO G R I T YOUR TEETH ON SOME C A S E S . ,PH,ILOSOPHICALLY, I F YOU WERE A MEMBER O F CONGRESS,
AGAINST,

YOU' D VOTE

FOR EXAM,PLE, CRIMINALIZING

MARIJUANA.

I DON' T KNOW

I F THAT'S I T ,

BUT YOU'D VOTE AGAINST C R I M I N A L I Z I N G SOME DRUGS. .YOUR !'ALL DOES

T H A T ' S NOT WHAT YOUR PREROGATIVE I5 HERE.

PREROGATIVE I N S T E A D I S TO ACT L I K E A JUDGE AND TO SAY, RIGHT. T H I S I S WHAT I ' V E GOT TO DEAL WITH OBJECTIVELY.
YES.
"

IT SEEM TO ME THAT A CRIME WAS COMMITTED? TO ME THAT T H I S P E R S O N ' S INVOLVED?
OBLIGATION,

DOES IT SEEM AND THEN YOUR

I T DOES.

I F YOU FIND THOSE THINGS

TO BE TRUE, WOULD BE TO

VOTE I N FAVOR O F THE CASE GOING FORWARD. I CAN UNDERSTAND I F YOU TELL ME "LOOK,

.

I GET ALL
I'DON'T

.

THAT,

BUT I J U S T C A N ' T DO I T OR I WOULDN'T DO I T . "

KNOW WHAT YOUR FRAME O F MIND I S . THAT.

YOU HAVE . .TO TELL ME ABOUT

PROSPECTIVE
THE COURT:

JUROR:

I ' M NOT COMFORTABLE WITH I T . ..

DO YOU THTN'K YOU ' D BE I N C L I N E D TO L E T

P E O P L E , G O ON DRUG CASES EVEN THOUGH YOU WERE CONVINCED THERE' WAS PROBABLE CAUSE THEY COMMITTED A DRUG OFFENSE? P R O S P E C T I V E JUROR: THE COURT: THAT? .-PROSPECTIVE JUROR: YES.
.
.

I T ' WOULD DEPEND UPON THE CASE..

.

IS THERE A CHANCE T,HAT. YOU WOULD DO

.

.

COMPUTER-AIDED

TRANSCRIPTION .

.

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.

.

THE COURT: I.APPRECIATE YOUR ANSWERS.
YOU AT THIS TIME.
3
'

I LL EXCUSE

.. :

THE CLERK: THE COURT:

4

6

I
, .
STATE OF

PROSPECTIVE JUROR: GOOD MORNING.
..
. .

THE COURT: .LET ME GIVE YOU A MINUTE 90 GET ORIENTED'.'
,

7
.
.

..

%

8
9

--:.PROSPECTIVE.JUROR: MY NAME I
:;I'M
m~~~~~~~~~~

A

CONTRACT ADMINISTRATOR
. . .

,

,

FOR THE

10'
. .

ON THEIR

0 e. ..~-.. s . ~ .p~~z~ .
I HAVE
.

11
12

I'M NOT MARRIED.

I DON'T HAVE ANY CHFLDREN.

1
I
.
,

EIPERIE&E

'

IN THE '80'; AS A

TRIAL

JUROR.

AND I CAN BE

1

THE TELEPHONE POLES DOWN IN MY NEIGHBORHOOD?

.

16

PROSPECTIVE JUROR:
TO CALL.

NO, BUT I CAN G ~ T YOU A NUMBER .

17

'1 9
. .
>

YOU ON THIS GRAND JURY.
.
.

.

j20

.

,-.,...

t..:.:

,...

......., :",;

.,.. '. . .. .,. .
;

:

,.:

'; .

. .. . ... .... . . . .... ... .

PROSPECTIVE JUROR:
. ..
.
.

MY.NAME IS
. .
,

I LIVE

I I M A SPECI'AL E D ASSISTANT AT
. .

I 'VE BEEN ,THERE FOP.
.YEARS. MY HUSBAN.D IS
.
.

,

..'.

..

ISULT CHILDREN: . .

ONE'S A

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-

, : -

'AND THEY WORK FOR A COMPANY WHERE THEY GO I N T O THE" AND THE. TO COPY O F F

4
5

1

RECORDS; ' T H E COURT: FUNCTIONS? P R O S P E C T I V E JUROR: BOY HAD T H I S J O B FOR A LONG T I M E . THE COURT: TOLD YES. WELL, ACTUALLY, M OLDER Y THEY BOTH HAVE THE SAME J O B , SAME J O B

6

7

8

--

H E ' S BEEN WORKING F O R T H E COMPANY FOR

9
10..

HIS BROTHER
YEAH.

" T H I S I S A GOOD G I G " ?

11
'

P R O S P E C T I V E JUROR':
I -O NR F

H I S BROTHER WAS WORKING

12

A W H ~ L E . THEN THE J O B O P E N E D U P , AND M Y . H E GOES ALSO A L L . O V E R

0
L... ,

.

.

,13 14
15

YOUNGER ONE NOW I S ' W O R K I N G THERE.

1

-

THE C O U R T : .

WHERE'S THE OLDER BROTHER?

.... .

16 17 - :
'

PROSPECTIVE JUROR:

THE OLDER BROTHER NOW IS I?

..

.

18
19 .
.

.-.. T H I N G S WERE A L I T T L E B I T BETTER FOR HIM TO .GROW .AND . . : BE ABLE TO. BUY. A HOME:.,.... S O HE'IS. OVER THERE WISH H I S WIFE AND . .-. . . . . . . , '

TWO KIDS,.
I HAVE BEEN ON A

20
..2 1

JURY BEFORE
I:VE

FOR, FEDERAL I N 1 9 8 0 .

.

..

1

MAYBE.

A LONG,

LONG T I M E AGO.

BEEN CALLED FOR SUPERIOR

.

23

THE COURT:.

DID YOU WATCH OUR ORIENTATION

FILM T H I ~

24

MORNING AND. APPRECIATE THE DJFFERENCE I N FUNCTIONS BETWEEN

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1

PROSPECTIVE JUROR: THE COURT:

YES.

'ANY REASON YOU CAN THINK O F WHY YOU

3
4

W O U L D N ' T BE FAIR AND IMPARTIAL?
PROSPECTIVE JUROR: NO.
I CAN BE F A I R .

i 5

1
. .

.: -

THE COURT:

THANK YOU,
.
.

.
.:'

PROSPECT.IVE JUROR: ;WHICH I S

M NAME S Y I ....,

I COME I WORK .FOR THE POST

/

..

. . , ..

I

I

SHE WORKS I N ,

AND ALSO .AT THE
- .

11 12

DOWN T H E P E .

I ' V E BEEN ON.TWO TRIALS:

ONE WAS A CRIMINAL,

I

SPOUSAL ABUSE; AND THE OTHER,ONE WAS A ' C R I M I N A L

**.

14

1

PROSPECTIVE JUROR: AND YES,

SUPERIOR COURT, YES.

15

I CAN BE F A I R . HOW LONG WAS YOUR DRIVE OVER TODAY? TWO HOURS.
.;

THE COURT:

l7

1
YET?
, '

PROSPECTIVE JUROR: THE"C0URT:

D I D THE DESERT FLOWERS START TO BLOOM

I I

1

19 .
20

PROSPECTIVE JUROR:.

NOT YET:. THAT HAPPEN?

THE COURT: .

WHEN DOES

PROSPECTIVE JUROR:
.

J U S T ABOUT,MAY, USUALLY. HAVE $0 . B E
.
. ,
. :

: THE
.

.

I

.

.

COURT:. .

WHAT TIME: W UD OL:
.

,:

.

HERE ORDINARILY?
THE 'CLERK:

THEY TELL YOU ,YOU CAN COME OVERNIGHT.

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Paqe 32 of 69 31

....

1'

P R O S P E C T I V E JUROR:
.

YES,

I FOUND THAT OUT WHEN I GOT

2

HERE.

.

I
1
6
7

THE COURT: PROBLEM,

I F THE D R I V E ' S NOT GOING TO BE A

YOU'RE HAPPY TO SERVE?

THE COURT:

WE'RE HAPPY TO HAVE YOU HERE.

-

THE SOUTHERN D I S T R I C T O F C A L I F O R N I A ,

L A D I E S AND

.

8

GENTLEMEN, COMPRISES BOTH SAN DIEGO COUNTY
.

--

AND MOST .OF US WE TRY

91
11
I
s

ARE FROM SAN D I E G O COUNTY -- AND ALSO I M P E R I A L COUNTY.

I T ' S NOT OUT O F THE ORDINARY.

I T ' S A L I T T L E UNUSUAL THAT I ' L L

12

GET' MORE THAN ONE OR TWO TMPERIAL COUNTY P R O S P E C T I V E JURORS EVEN ON A T R I A L J U R Y .
. :
.,

13'
14

. B U T W E ' R E HAPPY TO HAVE YOU,
.. .

TEN-GALLON
.
. ., .

HAT AND ALL.
.. .

.

PROSPECTIVE. JUROR:
, .

MY NAME I S . .,.. . -.

I
I'VE

.

L I V E I N T.HE

1,'M RETIRED.

18
20
21 22
'

1

BEEN RETI.RED FOR S I X YE,ARS..' ..... .. .
:

-

1
FO
.

.. "

I
.
,

. THE COURT: ..

WHAT *KIND O F WORK D I D YOU DO?

P R O S P E C T I V E JUROR:, EARS.
.,- .
"'

I WAS I N THE P R I N T I N G INDUSTRY

MY W I F E .IS.

W E HAVE -ADULT

.

23

: CHILDREN:",,. T W O OF T H E M LIVE . .
"THE OTHER TS A
. AND' MY OTHER

.

.. .
..

I
I....

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1

SHE'SA
T H E COURT:
DID THE - I G SN

IN THE SHOWER

WHEN-

I V E D AT HOME? PROSPECTIVE JUROR:
;

TILL SINGS

I N THE SHOWER.

AND I ' V E BEEN CALLED A FEW T I M E S , SERVED O N - A N Y J U R I E S . THE COURT: TO HAVE YOU. FINALLY, PROSPECTIVE JUROR:
.

BUT HAVE NOT

AND I CERTAINLY CAN BE F A I R . THANK YOU, WE' RE HAPPY

MY .NAME IS

I LIVE MY

I ' M AN A C T I V E REAL ESTATE BROKER.
ADULT CHILDREN :
-'

.

ARE MARRIED, AND O N E ' S A HAVE NO EXPERIENCE AS A JUROR. .HOWEVER, I HAVE SERVED A S A WITNESS FOR THE GRAND JURY.

T H E COUR,T:

YOU'VE' ACTUALLY BEEN CALLED A S A W l T N E S S
.
.

BE'FORE. A

GRAND JURY?

PROSPECTIVE JUROR: THE 'COURT:

YES,

I HAVE.

. .

HOW LONG AGO WAS THAT?

PROSPECTIVE JUROR:

I WOULD SAY ABOUT. TEN YEARS.

T H E COU,RT:-

WELL,

YOU MAY KNOW FROM YOUR EXPERIENCE

THAT I F YOU HAVE .COUNSEL AS A

WITNESS^ YOUR COUNSEL DOESN'T,

:

ACCOMPANY Y ~ U N TO 'THE GRAND JURY. I

THE HALLMARK ..OF THE GRAND

JURY I S THAT ' I T ' S A SECRET PROCEE.DING AND NECESSARILY SO.

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2
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B E C A U S E I i Y o u , A s A GRAND JURY,

DECIDE N o CHARGES SHOULD BE NO .ONE. EVER

BROUGHT,

THEN NO O N E ' S THE WORSE FOR THE WEAR.
.
.

KNOWS ABOUT THAT.

4

WE DO ALLOW WITNESSES TO

CONSULT

WITH THEIR LAWYERS, CON,SULT..OUTSIDE WITH

5

BUT THEY MUST' LEAVE THE GRAND JURY ROOM, THE LAWYER, AND THEN COME BACK I N .
,

6
7
8

S O T H A T ' S WHAT YOU CAN

EXPECT I F THERE ARE WITNESSES WHO ARE REPRESENTED BY COUNSEL. PROSPECTIVE
JUROR:

IT.. WAS SO SECRETIVE THAT I
,

.

9
10

D I D N ' T EVEN KNOW WHAT I WAS THERE FOR.

(

'

THE COURT:

I ' M ' GOING TO TOUCH ON THAT I N MY

.
, :. G: ; :

12

1

O F THE GRAND JURY,

AND YOU WILL BE UNDER LEGAL OBLIGATIONS NOT THERE'S

T O SPEAK O F WHAT GOES ON I N FRONT O F THE GRAND JURY. A LOT O F I N T E R E S T SERVED BY ,THAT SECRECY, A S I S A I D .

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17

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ORDINARILY,
T~NSCRIBED..

EVERYTHING I S SUPPOSED TO BE

.

WE'RE SUPPOSED TO KNOW WHAT OUR GOVERNMENT I S

DOING.

BUT T H I S I S ONE AREA WHERE TRADITIONALLY THE COURTS

'

19 20
'

AND SECRECY HERE."
TO

I TOUCHED ON ONE OF THE REASONS W H Y . I T HAS.
FOR EXAMPLE,

b0

WITH NOT R U I N I N G THE REPUTATIONS O F PEOPLE, BE UNDER INVESTIGATION,
..

21

WHO
.

MAY

BUT NO. CHARGES EVER RESULT.

22

SOMETIMES THE, POWER TO INDICT SOMEONE CAN BE THE POWER T O RUIN A REPUTATION.
.,
,

23
2 4.

25
.-.

1

THERE ARE A LOT OFOTHER JURY HAS T o FUNCTION SECRETLY.

GOOD REASONS WHY THE GRAN.D

FIRST;

IT PROMOTES YOUR

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YOU TELL THEM.

A LOT OF TIMES THE CR1ME.SUNDER INVESTIGATION, WE NEED

THE GOVERNMENT IS NOT SURE YET WHETHER IT'S A CRIME.

GOING ON. THE HELP OF THE GRAND JURY.IN ASCERTAI.NING,WHAT'S SO THEY DON'T WANT TO TIP THEIR HAND AND SAY, "WE'RE LOOKING
AT SOMETHING. THEY DON'T WANT PEOPLE TO TAKE MEASURES TO

COVER UP CRIMINAL ACTIVITIES.
.

ON OTHER OCCASIONS, SOMEONE WHO KNOWS HE'S THE

OBJECT OF, INVESTIGATION MIGHT FLEE. A DIFFERENT COUNTRY AN TO
AND GET,OUTSIDE THE JURISDICTION OF THE UNITED STATES.WHERE

.THEY COULDN'T BE REACHED. SO ALL OF THOSE REASONS AND OTHERS PROMOTE THE POLICY OF GRAND JURY SECRECY. VERY IMPORTANT. YOU TOUCHED ON SOMETHING.THAT'S

IT WILL BE INCUMBENT UPON ALL OF YOU TO

MAINTAIN THE SECRECY OF THE GRAND JURY I.F YOU .TAKETHE OATH AND SERVE AS GRAND JURORS. 'HOW'S THE REAL .ESTATE MARKET THESE DAYS, SLOW?
.
'

PROSPECTIVE JUROR:

IT'S A LITTLE SLOW.' I

,

SPECIALIZE IN INVESTMENT PROPERTIES.
. THE . .

COURT: .SOME THINGS ARE HELP1NG;THOUGH;

RIGHT?

THE .COURT: THAT OUGHT TO HELP. PROSPEC.TIVE JUROR: YEAH. THE MARKET'S STILL PRETTY

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THE COURT: LONGER.

I READ WHERE PEOPLE ARE J U S T STAYING

THE SELLERS ARE NOT GIVING UP T H E I R PLACES FOR L E S S . "WELL, WE'LL S T I C K I T OUTWE'LL D I G I N OUR

THEY J U S T SAY,

HEELS AND STAY. " . I S , T H A T WHAT YOU'RE EXPERIENCING, TOO?

I

PROSPECTIVE'JUROR:

YES,

1 F I N D A LOT O F THAT.
I F THEY J U S T

WHAT'

YOU HAVE TO R E A L I Z E I S .THAT A LOT OF PEOPLE,

BOUGHT RECENTLY AND THEY'RE TRYING TO G.ET OUT OR THEY BOUGHT

I
II

SOME SECONDARY 'PROPERTY ,AND SO ON, THOSE ARE THE' PEOPLE THAT ARE HAVING PROBLEMS. THE COURT:
:

THEY ' R E ' A L I T T L E B I T UNDERWATER? SOME O F THEM ARE, YES.
\

PROSPECTIVE ,JUROR: THE COURT:

THANK YOU,

I APPRECIATE

YOUR ANSWERS. LADIES AND GENTLEMEN, HAVING SPOKEN WITH ALL O F YOU I T ' S NOW MY
. .

AND PASSED ON YOUR GENERAL Q U A L I F I C A T I O N S T O ' S I T , RESPONSIBILITY FOREPERSON,

TO-SELECT TWO ..OF YOUR NUMBER:

ONE AS A

THE OTHER. A S A DEPUTY, FOREPERSON.

THE FOREPERSON

PRESIDES O V E R ' T H E DELIBERATIONS OF THE .GRAND JURY AND ACTS AS . .
. .

THE CONTACT WITH BOTH THE COURT AND THE
OFFICE.
( ,

u . s., ATTORNEY s

NEITHER THE FOREPERSON OR THE DEPUTY 'FOREPERSON .HAVE
.

I

:

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'ANY .GREATER SAY.

IT!

s

THE 'DELIBERATIVE PROCESS.

, .

THE 2 3 .OF

,'. .

YOU ALL HAVE AN EQUAL: SAY.
BUT I THINK, HAVING L I S T E N E D , T O YOUR ANSWERS.AND

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H M I N G P R I O R GRAND JURY S E R V I C E ,

THAT Y.OU WOULD BE A GOOD

P E R S O N ' T O A C T . A S THE FOREPERSON O F .THE GRAND JURY. ARE YOU UP TO THE TASK AND W I L L I N G TO ACCEPT THAT ASSIGNMENT? PROS,PECTIVE JUROR: THE COURT:
I AM.

THE COURT WOULD THEN A P P O I N T

S THE FOREPERSON OF. T H I S GRAND JURY.

FOREPERSON? PROSPECTIVE JUROR: CERTAINLY.

THE C O U R T : . YOU WOULD BE THE P R E S I D I N G GRAND JUROR I N THE ABSENCE O F
... . . , ...

THOSE ARE THE DESIGNAT1,ONS I WOULD MAKE, THEN: S FOREPERSON; A S DEPUTY

FOREPERSON.

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.THE COURT:

GO0.D MORNING.

. . . . . .
. . .

OR' AN
I'M MARRIED.

ZNDIAN TRIBE IN

MY HUSBAND IS A

2 4 -. ;.

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. .

.
'

. THE COORT:

,

YOU'VE HAD THE ADVANTAGE OF SITTING Y O U HEARq THE. QUESTIONS

.

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25

THROUGH ONE IMPANELMENT ALREADY.

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ABOUT THE DIFFERENCES BETWEEN TRIAL JURIES AND GRAND JURIES AND WHETHER INDIVIDUALS COULD FULFILL THAT FUNCTION. WOULD YOUR ANSWERS HAVE BEEN BASICALLY THE SAME AS THOSE THAT I'VE BEEN GIVEN WITH THE EXCEPTION OF THE TWO PEOPLE THAT HAVE BEEN EXCUSED? PROSPECTIVE JUROR:
'

YES.

THE COURT:

i

PROSPECTIVE JUROR:
. .
.

I'M

" '

I LIVE IN

. .

101
11
.

.I WORK FOR AN INSURANCE COMPANY-: I'M MARRIED. MY WIFE IS A I'VE BEEN A JUROR BEFORE I

12.
13 :
14 .

IDS A G E .~. A N @ D

,PROBABLY' 'TEN YEARS AGO ON KIND .OF A. LOW-LEVEL CRIMINAL CASE. AND IN THE NAME OF FULL DISCLOSURE, I'D PROBABLY SUGGEST I'D .BE THE FLIPSIDE OF SOME OF.THE INDIVIDUALS WHO HAVE CONVEYED T.HEIR CONCERNS PREVIOUSLY.

I
I

I HAVE A STRONG BIAS FOR THE U.S.
I DON'T THINK

.ATTORNEY, WHATEVER CASES THEY MIGHT BRING.

THEY'RE, HERE TO WASTE OUR TIME, THE COURT's TIME, THEIR.OWN TIME. I APPRECIATE THE EVIDENTIaRY STANDARDS, I GUESS, MORE
.

OR LESS,. AS A LAYPERSO~N WOULD;: THAT THEY ARE CALLED UPON IN. . . ORDER TO BRING THESE CASES-OR SEEK AN INDICTMENT.
.
'

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'

AND.THE GATEKEEPER ROLE THAT I GUESS WE ' RE BEING

.ASKED.TO PLAY IS ONE'THAT IfD.HAVE DIFEICULT TIME; IN ALL A HONESTY.

:I'

M'

PROBABLY SUGGESTING THAT THE U. S . ATTORNEY ' S

CASE WOULD BE ONE'THAT I WOULD BE WILLING TO STAND IN FRONT

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OF; IN OTHER WORDS, PREVENT FROM GOING TO A JURY. THE COURT: IT SOMETIMES HAPPENS THAT AT THE TIME

THE CASE IS INITIALLY PRESENTED TO THE U.S. ATTORNEY'S OFFICE, THINGS APPEAR DIFFERENTLY THAN 10 DAYS LATER, 20 DAYS LATER

4

6

1

GATEKEEPER ROLE IS VERY. VERY IMPORTANT. YOU'RE NOT PART OF THE PROSECUTING ARM. YQU'RE

INTENDED TO BE A BUFFER INDEPENDENT OF'THE U.S. ATTORNEY'S
OFFICE. AND THE REAL ROLE OF THE GRAND JURY 1S.TO MAKE SURE

THAT UNSUBSTANTIATED CHARGES DON'T GO FORWARD. YOU'VE HEARD MY GENERAL COMMENTS. YOU HAVE AN

APPRECIATION ABOUT HOW .AN UNSUBSTANTIATED CHARGE COULD'CAUSE

PROBLEMS FOR SOMEONE EVEN IF THEY'RE ULTIMATELY ACQUITTED.
YOU APPRECIATE THAT; RIGHT? PROSPECTIVE JUROR:
YES.

I THINK I COULD APPRECIATE THAT,

THE COURT:

AND SO WE'RE -- LOOK, I'LL BE HONEST

JURY PASSES ON THAT ARE PRESENTED BY THE U.SI ATTORNEY'S OFFICE DO GO FORWARD. MOST OF THE TIME, THE GRAND JURY PUTS

ITS SEAL OF APPROVAL ON THE INITIAL DECISION MADE BY THE.U.S. ATTORNEY.

TO THE EVIDENCE,. 'IF THE U.S. ATTORNEY SAYS IT'S GOOD, I!M

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GOING TO GO WITH THAT."

IT DIDN'T SOUND LIKE THAT'S WHAT YOU

WERE SAYING. YOU WERE SAYING YOU GIVE A PRESUMPTION. 'GOOD OF
FAITH TO THE U.S. ATTORNEY,ANDASSUME, QUITE LOGICALLY, THAT

EVIDENCE DOESN'T SUBSTANTIATE THE CHARGES AGAINST. WELL AND GOOD.
,

THAT'S

YOU MUST UNDERSTAND THAT AS A MEMBER OF THE GRAND

1

JURY, YOU'RE THE ULT'IMATE ARBITER, THEY DON'T HAVE THE
1

.

AUTHORITY TO HAVE' CASE GO FORWARD WITHOUT YOU AND FELLOW A
I
,

GRAND JURORS' APPROVAL.

I WOULD WANT YOU NOT TO JUST

AUTOMATICALLY DEFER TO THEM OR SURRENDER THE FUNCTION AND GIVER THE INDICTMENT DECISION TO THE U.S. ATTORNEY.
YOU HAVE

'151.
'

YOU'RE WILLING,TO DO THAT IF YOU'RE RETAINED HERE?
,

.

.

I'M NOT A PERSON THAT THINKS. OF . ANYBODY IN THE BACK OF A POLICE CAR AS.NECESSARILY GUILTY, AND I'WOULD DO MY BEST TO GO AHEAD AND BE-OBJECTIVE. 'BUT AGAIN,
.

PROSPECTIVE JUROR:

.
I

JUST IN THE NAME OF FULL DISCLOSURE, I FELT LIKE I SHOULD LET

YOU.KNOW T,HAT I HAVE A VERY STRONG,.PRESUMPTION WITH RESPECT TO ANY DEFENDANT THAT WOULD BE'BROUGHT IN FRONT OF US. THE, COURT'^ I UNDERSTAND WHAT YOU'RE SAYING. LET ME THEY'RE GOING TO
.

TELL YOU THE'PROCESS WILL WORK MECHANICALLY.
,24,
. .

CALL .WITNESSES. . AND WHAT THEY'RE GOING TO ASK YOU TO DO .IS' .

25 : . EVALUATE THE TESTIMONY YOU HEAR ,FROM. WITNESSES.

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3
4

,

BEFORE YOU REACH A P O I N T WHERE YOU VOTE ON,ANY THE U . S . ATTORNEY AND THE STENOGRAPHER LEAVE. THE
'

1

INDICTMENT,

I

ONLY PEOPLE L E F T WHEN THE VOTE I S TAKEN ARE THE GRAND JURORS THEMSELVES.
THAT'

s

THE WAY THE PROCESS IS GOING TO WORK.
I T HAS THE

YOU'RE GOING TO HAVE TO SAY E I T H E R "WELL,

B E I N G SUGGESTED HERE.'

AT LEAST I ' M CONVINCED.ENOUGH TO L E T

T H E CASE GO FORWARD" OR "THINGS. J U S T DON'T HAPPEN L I K E THAT 'IN

E I T H E R MORE EVIDENCE OR I ' M NOT CONVINCED BY WHAT'S BEEN PRESENTED AND I'M NOT GOING TO L E T I T GO FORWARD."
CAN YOU MAKE AN OBJECTIVE

ON FACTS LIKE

THE'

ONES

I ' V E J U S T DESCRIBED? PROSPECTIVE,JUROR:

I WOULD DO MY BEST TO DO THAT.

DEFENDANT. COMING BEFORE T H I S GRAND JURY. WOULD DO MY B E S T . ;OF THE.U.S.

HAVING S A I D THAT,. I

I ' H A V E TO ADMIT TO A STRONG B I A S I N FAVOR

ATTORNEY THAT I ' M NOT SURE I COULD OVERCOME. ALL I ' M TRYING TO GET AT I S WHETHER

THE COURT:

T H E FACTS. A FEW YEARS AGO,

I IMPANELED A. FELLOW HERE THAT WAS
AND YEARS AGO WHEN I

A SERGEANT ON THE S H E R I F F ' S DEPARTMENT.

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I CAN PERFO.RM.THAT FUNCTION."
FOR A NUMBER' OF

HE SERVED FAITHFULLY AND WELL I THINK.

--

OVER A YEAR,

18 MONTHS, MAYBE.

HE EVENTUALLY GOT A PROMOTION, GRAND JURY. S E R V I C E . BUT,

SO W RELIEVED HIM FROM THE E

YOU KNOW, 'HE TOOK O F F ONE HAT AND ONE UNIFORM

AND PUT ON A DIFFERENT HAT ON THE 'DAYS HE REPORTED .TO THE GRAND JURY. HE WAS A POLICEMAN. HE'D BEEN INVOLVED I N

PROSECUTING CASES:

BUT HE 'UNDERSTOOD THAT THE FUNCTION HE WAS

INDEPENDENTLY AND OBJECTIVELY ANALYZE CASES AND ASSURED ME THAT HE COULD DO THAT, THAT HE WOULD NOT AUTOMATICALLY VOTE TO I N D I C T J U S T BECAUSE THE U . S . AGAIN, ATTORNEY S A I D SO. WORDS I N YOUR MOUTH. BUT

I DON'T WANT TO

II

I DON'T HEAR .YOU SAYING THAT THAT'S THE EXTREME POSITION THAT

16

(

YOU HAVE.

'

I HEAR YOU SAYING INS'EAD

THAT COMMON SENSE AND

II

YOUR EXPERIENCE TELLS YOU THE U. S . ATTORNEY' S NOT GOING TO

WASTE TIME ON CASES THAT LACK MERIT.

THE, C O N S C I E N T I O . ~ ~ E O P L E ~

WHO WORK FOR THE U;S . ATTORNEY1 S O'FFICE AREN'T GOING' TO TRY TO

21

I
.

MY ANECDOTAL EXPERIENCE SUPPORTS THAT, TOO.

THAT

DOESN T. MEAN THAT EVERY CASE THAT COMES .IN

FRONT O F , M.E

I

SAY,

*!WELL, THE
GUILTY.
i8-.

,.u S.

ATTORNEY

s

ON THIS.

THE PERSON MUST BE
'

I CAN I T DO THAT.

I LOOK AT THE CASES STAND-ALONE,

INDEPENDENT,. AND.I.EVALUATE THE FACTS.

I DO WHAT' I ' M CHARGED

'

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2

1

T H A T ' S PRESENTED.
SO T H A T ' S THE QUESTION

I
I HAVE FOR YOU:
ATTORNEY. I CAN AND FRANKLY, I THEY MAKE SENSE TO

UNDERSTAND THE DEFERENCE TO THE U . S .

AGREE WITH THE THINGS THAT YOU'RE SAYING. ME.,

BUT AT THE END O F THE DAY, YOUR OBLIGATION I S S T I L L TO

LOOK AT THESE CASES INDEPENDENTLY AND FORM AN INDEPENDENT CONSCIENTIOUS BUSINESS-LIKE I ' V E MENTIONED EARLIER:
CRIME WAS COMMITTED?

JUDGMENT ON THE TWO'QUESTIONS THAT

DO I .HAVE A REASONABLE B E L I E F THAT A

DO. I HAVE A REASONABLE BELIEF THAT THE

PERS.0N TO BE CHARGED COMMITTED I T OR HELPED COMMIT I T ? CAN YOU DO THAT? P,,ROSPECTIVE JUROR: THAT. THAT, BUT I DO BRING A VERY, FOR EXAMPLE, THE U . S . AGAIN,

I WOULD DO M BEST TO DO Y I BELIEVE

VERY STRONG BIAS.

ATTORNEY WOULD HAVE OTHER FACTS

THAT WOULD R I S E TO LEVEL THAT THEY'D BE A B L E . T O PRESENT TO U S THAT WOULD BEAR ON THE T R I A L .
I WOULD LOOK AT THE CASE AND

PRESUME.AND BELIE'VE THAT THERE ARE OTHER FACTS OUT THERE THAT A R E N ' T PRESENTED TO U.S THAT WOULD ALSO BEAR ON TAKING THE CASE TO T R I A L . I ' D HAVE A VERY D I F F I C U L T TIME. THE COURT: YOU WOULDN'T BE ABLE TO DO. THAT.

WE

WOULDN'T W A ~ T YOU TO SPECULATE THAT T H E R E ' S OTHER FACTS THAT

BASED ON WHAT'S BEEN PRESENTED.

BUT'LOOK,

I CAN TELL YOU I IMAGINE T H E R E ' S PEOPLE I N

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THE U. S . ATTORNEY'S OFFICE' THAT DISAGREE WITH ONE ANOTHER ABOUT THE MERITORIOUSNESS WON AT A JURY T R I A L .
I S THAT RIGHT.,

OF A CASE OR WHETHER A CASE CAN BE

MR.

ROBINSON? NOT VERY

MR.

ROBINSON:

ON OCCASION,, YOUR HONOR.

OFTEN.

1
1
?. .

THE COURT:

I T COMES UP EVEN I N AN O F F I C E WITH

I
. :.
..-.

PEOPLE CHARGED WITH THE SAME FUNCTION. YOU UP . ON T H I S ' ,
. :<

I DON'T WANT TO BEAT
...:..+.-

I.,;' .M..EQUALLY ..COF\ICERN.ED, WITH: :. .. . ..

TRAP DOOR ON ANYBODY THE U . S ATTORNEY A S K S . " YOU TO DO THAT. THAT,

I WOULDN'T WANT

I F YOU T H I N K ' T H E R E ' S A P O S S I B I L I T Y YOU'LL DO

T.HEN I ' D BE I N C L I N E D TO .EXCUSE YOU. PROSPECTIVE JUROR:

I THINK THAT T H E R E ' S A '

P O S S I B I L I T Y I WOULD BE I N C L I N E D TO DO THAT. THE COURT: YOU..
I ' M GoTNG TO EXCUSE YOU,

THEN.

THANK

I A P P R E C I A T E YOUR ANSWERS. L A D I E S AND GENTLEMEN, I F Y O U ' L L G I V E ME J U S T A SHORT I HAVE A JURY

PAUSE:

I'M'GOING

TO RECESS T H I S PROCEEDING.

T R I A L OUT.

THE 3URY HAS SENT A QUESTION.

I ' M GOING TO
YOU.'RE RLL

D I S C U S S HOW T O ANSWER THE QUESTION WITH COUNSEL. WELCOME TO STAY AND L I S T E N TO T H I S . MOMENTARILY.
.
.

WE'LL BE I N RECESS

. . .

. .

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Paae 46 of 69 -

AND WE WERE ABOUT TO CALL A REPLACEMENT FOR

THE CLERK:

PROSPECTIVE JUROR:
*

GOOD MORNING.
'

MY NAME I S

I LIVE I N

THE COURT:,
. ABOUT THAT;

GOOD FOR YOU.

YOU KNOW WHAT THEY SA,Y

, T H E REAS0N.THA.T COUPLES CAN S T I C K TOGETHER THAT

. L O N G , ALL THOSE YEARS Y0,U'VE'BOTH BEEN I N LOVE WITH THE SAME
/

MAN. PROSPECTIVE JUROR: M HUSBAND Y

.

.

:PROSPECTIVE JUROR:

AND H E ' S BEEN

ALUMNUS O F THE HE WENT TO PROSPECTIVE JUROR: THE COURT:
,

.

...

. I . .

_
C

.

'.
'

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1

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. ,

I WENT TO

OLLEGE

.

I'M A GRADUATE O F P T . LOMA COLLEGE,.
A .
,' ;

PROBABLY A . L I T T L E BEFORE YOU.

..,.

PROSPECTIVE JUROR:

I' 'DON ' T THINK S O .
CHILDREN.
MY WORKS FOR

I HAVE -ADULT

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WORKS FOR .THE COURT:

I S HE AN
HE WORKS FOR THE

P R O S P E C T I V E JUROR :

6

1
1

TRIAL.

I T WASN ' T CRIMINAL.

MONEY WAS INVOLVED.

AND THE

I

OTHER ONE WAS A CRIMINAL.

AND THE F I R S T ONE WAS I N THE ' 8 0 ' s
AND YES,

SOMETIME.

THE LAST ONE WAS PROBABLY TEN YEARS AGO.

9

I CAN BE F A I R ... .

I

P R O S P E C T I V E JUROR: THE COURT:

VERY. WELL.

WHEN I WAS S T I L L A COLLEGE STUDENT, W E

HAD EMBARKED UPON A SPEAKERS PROGRAM. AT

I GOT TOGETHER WITH

AND WE MADE AN ARRANGEMENT A N D ' T H E S E WERE

WHERE THE SPEAKERS WOULD COME.

. THE.'

R W I N PEOPLE OF STATURE'THAT HAVE SOMETHING A S

IMPORTANT, TO S A Y .
..

.

..WE USED TO..HAVE -THEM STAY, AT T H E

AND THE

S A I D T H A T " I F .THEY'LL POSE FOR A PICTURE HERE AT THE

THEY WOULD SPEAK AT THE COLLEGE THE NIGHT

BEFORE'BACK IN 1 9 7 6 ,
. .

AND. THEN T H E Y ' D GO 'TO
,

HE NEXT DAY.

. .

SO .I .

HAVE
'

FOND MEMORIES O F THAT.

PLEASE
,

GIVE

=

,.

.MY REGARDS..

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Document 18

PROSPECTIVE JUROR: THE COURT:

I'WILL.

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1

PROSPECTIVE JUROR:

I'M

I LIVE IN

I
3

28 YEARS I N INDUSTRY,
MY WIFE IS

I N ' R&D, DEFENSE INDUSTRY. SHE D I D

I . ' M MARRIED.

-ADULT

CHILDREN, ALL OVER 4 0 : FI LIVING, I THINK.

THEM PRODUCED .CHILDREN FOR A

MY DAUGHTER IS &@IN

1HAVE A ,I
AND ONE FOR
-:,

UP I N . THE BAY AREA WHO1,S I N HO DOES
.
.

.

.. .., .

ONE'S A

VAN D .
HAVE BEEN SELECTED AND BOUNCED O F F A NUMBER O F FEDERAL AND

I

STATE JURIES,

BUT I DID S E R V E ' O N ONE CIVIL

CASE IN

THE

SUPERIOR COURT.

' I UNDERSTAND THE DISTINCTION. BETWEEN. THAT
,

WORK AND THE GRAND JURY.

.

I, II

THE COURT:

THE B A S I S FOR BOUNCING YOU, .WERE YOU PRO

PROSECUTION OR PRO DEFENSE? PROSPECTIVE JUROR: J U S T THE M I L I T A R Y , EXPERIENCE.

I THINK HALF THE .T I M E I T WAS .
.THE STORY

s

I

COURT MARTIAL,

I F I T WEREN'T TRUE, THEY WOULDN'T HAVE CHARGED THEM TYPE O F

'

;'

. .

.THE COURT:.

YOU HEARD

HE ADHERED . T O THAT
..
.

YOU'RE NOT, O F ,TKAT .FRAME O F MIND? .

Case 3:08-cr-00802-JAH

Document 13

Filed 04/15/2008

Page 49 of 69

PROSPECTIVE JUROR': NO.

BOUNCED.

I I D . H A V ETO ASK THE LAWYERS.

WHEN WE PICK TRIAL

LET M E TELL Y O U ' S O M E T H I N G . ~A N D THIS IS IN A TRIAL JURY

ABOUT YOU:
.
.

BECAUS'E LAWYERS,HAVE THESE TDEAS'OF WHO THEY WANT

.,.

DECISIONS.

THEY DON'T HAVE A SUFFICIENT STAKE IN THE

>''

THE TRUTH OF THE MATTER ,IS I PROBABLY BOUNCED A LOT

COMPUTER-AIDED TRANSCRIPTION

Case 3:08-cr-00802-JAH
Csse 3:07-cr-00491-BTM

Document 13
Document 18

Filed 04/15/2008
Filed 0713012007

Page 50 of 69
Page 50 of 69 .

1

1

MARRIED.
BOYS

M WIF.E. Y

2
4
5

FROM/TO

1 +

,
',

.

PROSPECTIVE

JUROR:

I HAVE NO TRTAL EXPERIENCE,

AND

I COULD BE F A I R .

7

WHAT'S THE AGE SPAN BETWEEN YOUR BOYS?

8
9
lo

PROS PECT I V E . JUROR :

FROM e T Z ) ; ' : i ; -..-..,, ,. F, a . . .

; ~ T ~ ~ ; Y . ;y':: ~ , ~

1

BUSY. THE COURT: I R A I S E D TWO'THAT WERE TWO YEARS APART,

11
.
..

AND THAT KEPT ME'RUNNING ALL THE T I M E . ,
YOU HAVE

I*.

JIISI%ISIIYly H U H ?

,

F.'.
\.

13
14

PROSPECTIVE JUROR:
NEVER WORKED.
.
. .

WE TRI,ED FOR A G I R L , . AND IT

.... . ,

THE COURT:

DO YOU.HAVE BROTHERS AND S I S T E R S ? I HAVE ANOTHER BROTHER AND TWO

17

11

.

I

PROSPECTIVE JUROR': SISTERS. THE COURT:

I1

HIGH INCIDENCE O F BOYS I N YOUR FAMILY?

I
I'

2o 21
22

1
. *
,

THE COURT:
.

D I D YOUR MOTHER HAVE A LOT O F B O Y S , ' T O O ?
, ,

PROSPECTIVE JUROR:

COUSINS,

IT'S

LIKE~JIBOYS ANDHGIRLS. .
.

M S I S T E R HAS Y

BUT MY'

..
,

25.
.

MY FAMILY TREE, RUNS THE SAME WAY, ALMOST ALL BOYS; .

A L L a O F US

I

.

.

... COMPUTER-AIDED TRANSCRIPTION

.

'.

I
'

Case 3:08-cr-00802-JAH
491-BTM

Document 13
Document 18

Filed 04/15/2008
F.iled 07/30/2007

Page 51 of 69
Paae 51 of 69

1

, P R O S P E C T I V E JUROR:
.

I ' M DONE.

THE COURT:

THANK YOU,

PROSPECTIVE JUROR:

M Y NAME I $ '

,.* ............ ................... I LIVE .

-

IN.

.

, I ' M , A REGISTERED NURSE.
.

I'M

MARRI~D.

ONE-IS
-...

A
.........

WHO WORKS
AND A N O T H E R ~ ~ I S

AN

A

AND ONE

IS A

I

CAN BE FASR. THE COURT: YOU'RE GOING TO HEAR CASES,

I

I M SURE, INVOLVING A ~ E N T S

'

l7

1
..

YOU S A I D YOUR OTHER'SON I S A P R O S P E C T I V E JUROR: H E ' S AN

20

PROSPECT1V.E JUROR:.

A

. .. . . . . . . . . . . .
8

21

, T H E COURT :

I .THOUGHT YOU HAD TWO

23:

1

. J U S T ON.E?

COMPUTER-AIDED

TRANSCRIPTION

Case 3:08-cr-00802-JAH
. C w ,3 0 7 -cr-00491-BTM

Document 13
Document 18

Filed 04/15/2008
Filed 07/30/2007

Page 52 of 69
Page 52 of 69

1 2
3

I
-AND

THE COURT:

YOU'RE GOING TO BE HEARING CASES FROM

CAN YOU BE 0BJECTIVE.ABOUT THOSE CASES? L I S T E N TO THE FACTS AND MAKE A STAND-ALONE

CAN YOU

4 5

DECI'SION ON EACH

6

I

.

CASE WITHOUT INSTINCTIVELY A S -

SAYING,

"WELL, THEY WORK FOR THE
'I

MY SON O R M Y PROSPECTIVE JUROR:

HUSBAND.

I THINK I CAN BE F A I R .

. . ..

..-.THE COURT :

THAT WOULD 'BE YOUR OBLIGATION ...

:

YOU.' RE

'

NOT 'AUTOMATICALLY DISQUALIFIE~D.

AS YOU HEARD ME ,SAY, WE HAD A

SERGEANT ON THE S H E R I F F ' S DEPARTMENT THAT WAS SERVING ON ONE O F OUR GRAND JURIES.' SO I T ' S NOT AUTOMATICALLY DI'SQUALIFYING.

BUT YOU HAVE TO BE ABLE TO ASSURE ME THAT " I ' L L LOOK AT THESE CASES INDEPENDENTLY.
;

I UNDERSTAND THE IMPORTANCE OF ACTING AS

A BUFFER BETWEEN THE GOVERNMENT'S POWER TO CHARGE SOMEONE WITH. A CRIME AND THEN BRINGING THEM TO T R I A L . THAT FUNCTION CONSCIENTIOUSLY." YOU CAN DO THAT? AND I ' L L F U L F I L L

.
.

.

l8

1

PROSPECTIVE JUROR: THE COURT:

I . CAN DO THAT.

THANK YOU.
..

._.'

PROSPECTIVE JUROR:

M NAME'IS Y

I LIVE

I ' M A TRAFFIC 'ENGINEER WITH THE
23
.

. CITY OF

"I-

.

24

DOWN.

. T'HE. .COU,RT:

MAYBE. YOU CAN GET .THOSE TELEPHONE POLES

is

I HAVE A BIG POLE RIGHT ON THE LEFT SIDE.
.

I JUST 'READ

.

.

.

COMPUTER-AIDED TRANSCRIPTION

Case 3:08-cr-00802-JAH

Document 13
Document 18

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Filed 07/30/2007

Page 53 of 69
Page 53 of 69

I
C d : 0 7 - -00491-BTM

1

I N THE PAPER THAT WE'RE GOING TO PAY MORE FOR OUR TELEPHONE

I

.

2

1

BILLS

so

.THAT THEY CAN TAKE ALL THESE POLES DOWN, A N D ' I YOU CAN BET

EXPECTED TO HEAR THAT CHAINSAWS THE NEXT MORNING.

1
.--,...I-.

4

1
'

WHEN THE NEXT B I L L COMES,

T 'M GOING TO HAVE .THE ASSESSMENT.
ABOUT THAT?

YOU DONf T KNOW ANYTHING

6
7
.
.

'

PROSPECTIVE JUROR:
. .
,

.

I

THE PEOPLE I N THE U T I L I T I E S

PROGRAM KNOW.
-

8.

. .

' I ' M NOT MARRIED..

I DON'T-HAVE ANY'CHILDREN.

'I WAS

9
10

JUST ON A , C R I M I N A L CASE IN THE SUPERIOR COURT JUST LAST MONTH.

SO I ' M GET.TING H I T AGAIN HERE. DIEEERENCE BETWEEN TRIAL AND.-THE COURT:

AND I UNDERSTAND THE

11
12

I WAS GOING .TO SAY, YOU MUST BE

.

'

I

1

(--.'

.

14 15

I

(

AND FEDERAL SERVICE AT THE SAME TIME.

'

PROSPECT.IVE JUROR: . . I CAN BE F A I R .
.

.

THE COURT:

THANK YOU,
.
.

PROSPECTIVE JUROR:

M NAME I S Y

.

.

I LIVE

.
..-A

.
,

19
...:..I'OR..--.-.
..-

.... 2.0....: ............................

....

. . . . .

,.

:

. . . . . . .

21
. .
:. 2 2

.,

.

. : MARRIED .FOR. 1 2 YEARS; .
'

.MY HUSBAND IS

.DON-I.T..-KAVE CHILDREN BY CHOICE.
.r

I DON'T HAVE ANY EXPERIENCE I N IT WOULD BE A N ' HONOR,
.
-

..

! --.--.---7....-.,-.-~

23'-.. ....-TRr..muRT..
.-.

B ~ . . . .S~~TEM:.......?.. C A ~ . pAIR.
.
I .

. . . . . 24
*..

SIR.

,"-.. .. . . . .
\

.

%

'

-.

' .:

25

.

THE COURT:
?.

THANK YOU:
iy;..

I APPRECIAT.E YOUR ANSWERS.

,

,

.......

.. . . . .

I . '

COMPUTER-AIDED'TRANSCRIPTION
. ?

Case 3:08-cr-00802-JAH

Document 13

Filed 04/15/2008

Page 54 of 69

............

PROSPECTIVE 'JUROR:

MY NAME I S

I

4

1

WORKER WORKING WITH ABUSED CHILDREN. I ' M .NOT MARRIED.

--

PHYSICALLY AND SEXUALLY ABUSED, I DON'T HAVE ANY K I D S . YES, I DON'T

5
6 7

HAVE ANY EXPERIENCE AS A T R I A L . J U R O R . THE COURT: THANK YOU,

I CAN BE F A I R .

8 9
PROSPECTIVE JUROR: ,-CAL1FORN.IA. M NAME I Y
'

I LIVE I N

.-.

,

10
,

THAT ' S

---..............-... ......... ...... ... .. . . ........ ......_
, -

_..__" .................... ,..._..

l1
13

I
"

THE COURT :

WELCOME.

I ' M MARRIED.

M WIFE - I S A Y

"14'
15 16
17
.

THE COURT.:

DO. YOU HAVE ANY LAW .ENFORCEMENT
I
I

'

FUNCTION

AT ALL?
'PROSPECTIVE JUROR:
.

I'M
AND I '-HAVE. NO EXPERIENCE I N

18
19
2.0-.
'

I HAVE TWO ADULT BOYS.
FEDERAL"C0URT.. . -. AND I CAN BE F A I R .

.
..........

..

. . . . :.-.... ..-..--..I- . THE COURT : .--.

. YOU CAN . EVAL,V.AT.E,;:THESE ',CASES . . .

21
,

INDEPEN.DENTLY?
A
.
'

YOU1.RE ACTING A S A C I V Z E N AND NOT' S O MUCH A'S

.

22

.DO YOU UNDERSTAND THAT?.
-.-.-- .
^

4

. ' , 2 3 ._, ..... . .. .....,._I.."._.._ __..-.. ..-......"..._..." . . . . ....+. . ___._._. ,_..___,I*___..__._._.___,..iPROSPECTIVE JUROR: . . . . YES.. . . . . . . . . . . . . . . . . . . . .-..--- .-..-..' . . . ,

24

"

'

THE COURT: . .

I S THE.

( . .
.
,

.

.
COMPUTER-AIDED TRANSCRIPTION

I

,

.

,

Case 3:08-cr-00802-JAH Document 13 .... . . . _ . .. .. _
. ,, .. .. .. .

Filed 04/15/2008
..

Page 55 of 69
Page 55 of 69
'

.

.

.

. .. . .

C a s ~ 3 : 0 - c-r 0 0 4 9 1 .. 7 RTM . ,. ."... ..
I-

. . ocument 18

'Filed 07/30/2007

54

PROSPECTIVE JUROR:
\

TRAT'S ABOUT I T .

I

2

THE COURT:

M SON J U S T WENT OVER TO THE Y W DROVE H I M I N THE SUMMER. E

i
..-.
7

3.
4

I WANTED

TO GET OVER THERE QUICKLY.

SOMEBODY

WARNED

ME AFTERWARDS THAT
'

5
6
'

T H E Y ' R E A ' V E R Y AGGRESSIV PROSPECTIVE JUROR: THE COURT:
. -.

GHWAY'PATROL.
THEY'RE OUT THERE.

CAN I USE YOUR'NAME I N CASE I GET

.- 8

STOPPED?
,

I

.

.. , .

.

1
%

.'
.

THANK YOU,

'

1.0
11
12
PROSPECTIVE JUROR:

MY NAME I

..I LIVE
IN
'

I DO CONVENTION SERVICES. AT T H
, ' M .NOT MARRIED.
EXPERIENCE AS' A TRIAL JUROR.

7
\-

.

13 14

I HAVE NO K I D S .

I DON' T HAVE, ANY

AND I COULD BE FAIR.

I
,..

THE COURT:

THANK Y o u r

WE'RE. GLAD T o HAVE Y o u .
..!. .

16

.
I L I V E IN!
WE HA.VE=....
.

I
..

-1 7
..,.-a,-...

'

PROSPECTIVE JUROR:

MY NAME I S

..-,.

.

.

.

.

18

-.+M, .?!Y.

-. .
,

.

WIFE AN,D I ARE B O T H RETIRED.

19
.
.

ADULT CHILDREN.
.

20

THE COURT:

WHAT WAS YOUR WORK BEFORE YOU RETIRED?

21
. .
22

P R o s P E C T r v E JUROR,:

I

'WAS~QTYE~RS .' .AN EDUCATOR

,

AND WE HAVE NINE GRANDCHILDREN.

OUR IMMEDIATE ADULT

Case 3:08-cr-00802-JAH

Document 13
Document 18

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Filed 0713012007

Page 56 of 69
Page 56 of 69
55

Case 3:07-cr-00491-BTM

1
2

UNFORTUNATELY,

MY OTHER SON HAS

HE HAS BEEN I ' V E HAD EXPERIENCE ON ONE AND I

OR SEVERAL YEARS. TRIAL.

3 .
4

I T WAS A CRIMINAL CASE AT THE V I S T A COURTHOUSE.
'

CERTAINLY CAN BE FAIR.

6
,

OOD AFTERNOON :
. .. . .

.

7

PROSPECTIVE JUROR:

.

MY NAME IS
HLLDREN;s

I LIVE
ONE . I S A

IN

....
11
,12
L:> C.*

. :

,...MY.'..Son.IS -A'. .

..

I'M A C O N T P C T O F F I C E R FOR THE NAVY WORKING AT THE
'

AND I ' V E BEEN CALLED
1 'VE

:

1 3

THREE. TIMES:
'

I

'vE NEVER

BEEN IMPANELED ON A JURY.

STAT.ED. .MY PRO POLICE VIEWS. THE COURT:
GRAND JUROR OBJECTIV'LY,

YOU CAN SERVE I N T H I S FUNCTION AS A
LOOK AT THE EVIDENCE.

AND ANSWER THE
DO I HAVE A

. ..

QUESTIONS

THAT I ' V E

REPEATED NOW SEVERAL TIMES:

REASONABLE B E L I E F THAT A CRIME W S COMMITTED? A REASONABLE BELIEF THAT THE PERSON THEY
'

DO I H A V C A

WANT M._.__ ....INDICT . E ..._ ._.... . TO

. .

..

.

.

EITHER COMMITTED THE C R I M E . O R A S S I S T E D WITH I T ?
.. .

21
2.2
.

PROSPECTIVE" JUROR: THE COURT:

YES, SIR.
. .

THANK YOU.
. .

.

... '..
.

.

23

. . .24
,

. ., .

OSPECTIVE. JUROR,:
r

,....!. ,.

,

.

I LIVE I N

. 2s

.

.

Case 3:08-cr-00802-JAH
Case 3:07-cr-00491-BTM

Document 13
Document 18

Filed 04/15/2008
Filed 07/30/2007

Page 57 of 69
Page 57 of 69
.

!

56

"THE COURT:

HOW I S THAT?

. .

PROSPECTIVE JUROR:

I LOVE BEING

I WOULD

...

.

.

.,'l, , -'-.. -.

..
.. . '.

-

. ..
.....
-.

'

PROSPECTIVE JUROR:
...

'w ...-.
.,'
.&.

,

- .---

.

.

. ! I . . L I.~..,-....r".'..........,....I. . 1,N ..' E :.-.* .!.. .. ,

.

. :

-L.:....C.i

. - .:. 1 ".. .

...

......'.

..
, .

'

9-

.,:*:-

;I DO"NOT WORK.
. , )

I ' V E BEEN MARRIED FOR
._.

.

.

. l o . ,-EARS.
'1's

M.Y HUSBAND IS RETIRED FROM T H E -

-

.

.^.. .-.

...... . . .. ,...., .
,

--. . \,.' - 11.- . .BUT NOW . \. -

. . .
.THE COURT: WHAT WAS, H I S J O B ' WITH THE-

.
. ,

.

' ". ..*HE ,. . ,
20
,

el-

.........- . . . . . . . .

. . . . . . . . .
'

'

, ,

. PROSPECTIVE . JUROR:'.

.HE !.S A

- .' . .......... .' vEMpLoyEE.;.....#...HE.m.< ....
.

. . . . . . . .. . . . . . . -.

...F..._.

..I.

21
22,

"

WORKS

.TN

AND THEN,

FOR ETAMPLE,
.
,

HE ' LL
. .

23
24
,.

.

.

THE COURT:
....
'
b .

,..

LET

s

HOPE, THEY WIN, THAT GAME.
YES

..P'ROSPECTIVE J U R O R : THE COURT:

."
I WAS
;

2 5,

I'M A L I T T L E WORRIED ABOUT I T :

. . .
'COMPUTERIAIDED TRANSCRIPTION
,

Case 3:08-cr-00802-JAH
Case 3:07-cr-00491 -BTM

Document 13
Document 18.

Filed 04/15/2008
Filed 07/30/2007

Page 58 of 69
Page 58 of 69
57

(-

.

1
2

TORN WITH THE KANSAS C I T Y CHIEFS.

I WAS HOPING

--

I THOUGHT

TREY WOULD BE THE E A S I E R TEAM F O R . T H E CHARGERS TO BEAT.

3
4

PROSPECTIVE

JUROR:

WE HAVE-DULT

.

3

5

,6
-.,
.

7
.

COMPANY I N SERVED ON A . JURY. YES,

fl

I ' V E BEEN CALLED,

BUT NEVER
. . .

.

.

.

8
.9

I COULD BE '.FAIR.

THE COURT:
,:.,

YOU SAY THAT MINDFUL O F EVERYTHING YOU

. . . . . . . . . . . . . . . ... ...10 -. . .

........ .......... ,ON LEARNED
'

THE TAPE.,,AND ALL THE :QUESTIONS AND ANSWERS THAT .
;..
'

11 . . .

.'

.,..

HA~E~:~EEN G'IJT~. .FAR? . :: ;.. - 9 . . . . . . . . .
$ '

"

c:;
a .

12
.

"

PROSPECTIVE'.JUROR: THE COURT:

YES.
..

13

...

.

1.4
15
. .

PROSPECTIVE
I~...THE.. . ., . .,
z, .

JUROR:

MY NAME IS

I LIVE

...I ' M UNEMPLOYED AT T H E CURRENT

16.

TIME.

I'M

A HOUSEWIFE.

I WAS A BOOKKEEPER FOR SEVERAL YEARS.
MY- SPOUSE I S A

'

17.
.

I ' V E BEEN MARRIED'FOR 1 9 . WE HAVE
:....

-18.

ADULT . T H E OTHER
I

,

BOTH WHO L I V E I N .

....... :.

..I. 9
2.0
21

ONE . W.0RK.S 1.N

.

.

.....

.

THINK

I WAS CALLED FOR TRIAL JURY OVER AT SUPERIOR COURT ABOUT

,,

.

. . I S , YEARS AGO, BUT I DON'T REMEMBER
,

--

I DON'T THINK I WAS, I L I K E T H I N G S , TO

22

IMPANELED, AT LEAST NOT T,HAT I .REMEMBER. .

23
24'
.
.

BALANCE OUT.. . I LIKE T O .

FIND

HOW THINGS WORK. . - T H A T ' S WHY I

ENJOY WOR.KING WITH NUMBERS. . . . F,ROM G I L L E T T E . STADIUM.

I GREW U P ABOUT 2 0 MINUTES AWAY.

25

P.

'. .,

.
,

.
I .

.

.

COMPUTER-AIDED'TRANSCRIPTION

J

Case 3:08-cr-00802-JAH

Document 13

Filed 04/15/2008

Page 59 of 69

THE COURT:
. '

YOU'RE WORRIED,

TOO.

. I
P R O S P E C T I V E JUROR: .MY NAME
I J U S T MOVED DOW