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PAUL K. CHARLTON United States Attorney District of Arizona THOMAS C. SIMON Assistant U.S. Attorney Arizona State Bar No. 3857 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-1100-PHX-DGC Plaintiff, v. William Domingo, Defendant.
GOVERNMENT'S PROPOSED VOIR DIRE QUESTIONS
COMES NOW the United States of America and the defendant, through their undersigned
15 counsel, and hereby submits its proposed voir dire questions for the jury panel in the instant case. 16 1. Having heard the brief recitation of facts (Statement of the Case), has anyone read or heard 17 18 19 20 2. 21 22 23 24 25 26 27 3. 28 anything about the facts surrounding this incident? Given this brief recitation of facts, is there anything about these circumstances that would cause you to believe that you could not consider the evidence fairly and impartially according to the law? Would each of your tell us: a. where you live; b. what you do for a living; c. if married, what your spouse does for a living; d. the ages of your children; e. the highest grade you completed in school; and f. what magazines, newspapers, and periodicals you subscribe to.
Have you served as a juror in a criminal or civil trial in Arizona or any other state? If civil, in what court was the trial, and what was the verdict of the jury?
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If criminal: a. What crime was the defendant accused of having committed? b. What was the verdict of the jury? c. Did you feel that the defendant in that case was in any way treated unfairly by the judge, the prosecutor, the defense counsel, or the criminal justice system generally? d. Was there anything about the trial which you believe would make it difficult for you to be a juror in this case or make it difficult for you to be fair and impartial to the government or the defendant? Have you, a member of your family, or a close personal friend ever been charged with a criminal offense, (excluding traffic violations)? If so: a. What was the crime? b. What was the result? c. Did you feel that either you, your family member or friend were treated unfairly by the Judge, the prosecutor, or the criminal justice system generally? Have you or any of your family members or close friends ever committed an assault? Please explain. Have you or any of your family members or close friends been law enforcement officers, worked for law enforcement officers, or been associated with an organization affiliated with law enforcement agencies in any way? Please explain. Is there anything about that employment or experiences on that job which would make it difficult for you to be a fair and impartial juror to the government or the defendant in this trial? Do you believe that the testimony of law enforcement officers should be treated or evaluated in a different way than the testimony of other witnesses who have sworn to tell the truth? Please explain.
Some of the witnesses who may testify in this case are Officers of the Gila River Police Department. Has anyone had any contact or experience with either of these law
enforcement agencies which would make it difficult for you to render a fair and impartial verdict in this matter?
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Do you or any of your family members or close friends have any experience with firearms? Please explain.
3 10. Do you or any of your family members or close friends belong to any neighborhood anti4 crime organizations, such as Block Watch? Please explain.
5 11. Some of the witnesses who will testify in this case are Native American. Has anyone had 6 7 any contact or experience with any Native American which would make it difficult to render a fair and impartial verdict in this matter?
8 12. Have any of you had a civil dispute, formal or informal, with any agency or department, 9 10 11 such as with the Internal Revenue Service, of the United States Government? (If yes): Would that dispute make it difficult for you to be a fair and impartial juror to both the government and the defendant?
12 13. Have you or a member of your family ever studied law, received a law degree, or practiced 13 14 15 law? If so, would you be willing to abide completely by the instructions of law given to you by the Court if you are selected as a juror even if those instructions conflict with your personal understanding of the law?
16 14. Do any of you have any religious or philosophical beliefs which would make it difficult for 17 18 you to render a judgment in this case as to the guilt or innocence of the defendant even though the government proved the defendant guilty beyond a reasonable doubt?
19 15. Have you or any member of your family members or close friends ever been a victim of a 20 crime, including assault? If so: 21 22 23 24 a. What was the nature of the crime? b. Was the defendant caught? Convicted? c. Was there anything about that experience, either being a victim or testifying in court, that would affect your ability to consider the evidence fairly and impartially?
25 16. Do you suffer from any illness or disability or other physical condition that would make it 26 27 28
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difficult to act as a juror for the duration of this case?
1 17. Is there anything which you have heard or observed in court today concerning the facts of 2 3 the case, the charges, the parties, witnesses and/or lawyers which you believe would make it difficult for you to be a fair and impartial juror to both the government and the defendant?
4 18. Is there any reason you might not wish to sit on this case? If so: 5 6 7 Respectfully submitted this 3rd day of April, 2006. 8 9 10 S/Thomas C. Simon 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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I hereby certify that on April 3, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: David L. Titterington
a. Why? b. Will that reason impede your ability to judge the evidence fairly and impartially?
PAUL K. CHARLTON United States Attorney District of Arizona
JON M. SANDS Federal Public Defender District of Arizona S/David Lee Titterington DAVID LEE TITTERINGTON Assistant Federal Public Defender
THOMAS C. SIMON Assistant U.S. Attorney