Free Response - District Court of Arizona - Arizona

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111 TERRY GODDARD
ATTORNEY GENERAL

2 II (FIRM STATE BARNo. 14000)

3 II AARON J. MOSKOWITZ 4 5
II

ASSISTANT ATTORNEY GENERAL CRIMINAL ApPEALS SECTION 1275 W. WASHINGTON PHOENIX, ARIZONA 85007-2997 (STATE BAR NUMBER 022246)

II

TELEPHONE: (602) 542-4686

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RESPONDENTS

II

ATTORNEYS

FOR

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
WILLIAM FLOYD SMITH, Petitioner,

CIV 04-573-PHX-FJM (MS)

-vs

DORA B. SCHRIRO, et aI., Respondents.

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EXHIBIT H, PART 2, PGS. 40-79 FOR ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS

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THE COURT:

Same response, it would not

affect your ability to be fair and impartial?
MR. COSGROVE: THE COURT:

Same.

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Thank you.

MR. BARKER:
THE COURT: MR. BARKER:

Kevin Barker. Mr. Barker? Brother who is a lawyer, and

brother-in-law.

Have taken several courses as far as

human resources, affirmative action, those type of laws.
THE COURT:

All right.

Mr. Barker, are

your brother and brother-in-law attorneys here locally?
MR. BARKER: THE COURT:

No.

In Utah.

Anything about your knowledge

of their work that would affect your ability to be a
fair and impartial juror? MR. BARKER:
THE COURT:

No, sir.

Thank you very much.

Before we move to the jury box, anyone else in the back of the courtroom?
MR. SMITH:

Richard smith.

Studied

pharmacy law and also business law in college.
THE COURT:

Thank you, Mr. smith.

Anything about those experiences that would affect your ability to be fair and impartial?
MR. SMITH:

No.

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THE COURT:

Thank you.

Yes, ma'am?
MS. PERSON:

Donna Person.

I studied real

estate law approximately three years ago.
THE COURT:

All right.

Ms. Person,

anything about that experience or knowledge that would affect your ability to be a fair and impartial juror? MS. PERSON:
THE COURT:

No. Thank you very much.

Anyone else in the back? Moving to the jury box. Yes, sir, your name?
MR. HAWES:

Michael Hawes.

I had business

law in college.
THE COURT:

Mr. Hawes, anything about that

that would affect your ability to be fair and impartial?
MR. HAWES: THE COURT: MR. MEINTS:

No.
Anyone else? Gary Meints. Also business

law in college and studied real estate law about ten

years ago.
THE COURT:

Thank you, Mr. Meints.

Anything about that that would affect your ability to be fair and impartial?
MR. MEINTS:

No.

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10 11 12 13 14 15 16 THE COURT:

Thank you.

Members of the Panel, have any of you, any members of your family, ever studied medicine, be it as
a doctor, registered nurse? Okay.

Continuing in the jury box first. Kelly Owens.
I was a

MR. KELLY OWENS:

pre-med major in college.
THE COURT:

Mr. Owens, would that pre-med

experience affect your ability to sit as fair and impartial juror? MR. KELLY OWENS:
THE COURT: MR. HAWES:

No. Next to Mr. Owens?
My aunt is a

Thank you.

Michael Hawes.

nurse.
THE COURT:

Here locally, Mr. Hawes?

MR. HAWES:
THE COURT:

No.

Colorado.

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Anything about your aunt

working as a nurse that would affect your ability to be fair and impartial?
Thank you.

Next to Mr. Hawes? Sheila strain. My son is a

MS. STRAIN:

nurse here in Phoenix, and I have worked for 22 years in hospitals.
THE COURT:

You yourself, Ms. strain, are

not a nurse?

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MS. STRAIN:
THE COURT:

No.

I'm not.

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"Anything about either of those

to two situations, your son as a nurse and you working in the hospital that would affect your ability to be a fair and impartial juror?
MS. STRAIN: THE COURT:

No, I do not think so.
Thank you.

still in the back

row of the jury?

No one has raised their hand.

Front row?
MR. STEWART: Dan Stewart.

And my wife is

an RN at Boswell Hospital. THE COURT: .Any particular ward or area of the hospital MR. STEWART: extended care.
THE COURT:

SNIF (phonetic) unit.

It's

Anything about that,

Mr. Stewart, that would affect your ability to be a fair and impartial juror?
Thank you.

No one else in the jury box.

Moving to that side of the aisle first, front row of Panel Members. Go right ahead, ma'am. Kris Cartwright.
I work for doctors,

MS. CARTWRIGHT:
for a pharmaceutical company. nurses, hospitals every day.
THE COURT:

I work

How long have you been so

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employed? MS. CARTWRIGHT:
THE COURT: 13 years.

Anything about your work or

the interaction with the medical persons you refer to that would affect your ability to be fair and impartial in this case? MS. CARTWRIGHT:
THE COURT:

No, I don't believe so.

Thank you.

Yes, ma'am, your name, please?
MS. PERSON:
THE COURT:

Donna Person.

I am an RN.

And, Ms. Person, how long have

you been an RN? MS. PERSON:
THE COURT:

About 20 years. In both hospitals and doctor

offices? MS. PERSON: Yes. Medical office and

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hospital.
THE COURT: Ms. Person, anything about

your career or employment as an RN that would affect your ability to be a fair and impartial juror?
MS. PERSON:
THE COURT:

No.
Thank you. still on that side

of the aisle, middle row? No one. Back row?

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Yes, ma'am?
MS. YORK:

Mary York.

I have a few
Actually,

relatives, one is my grandmother was a nurse.

a friend of the family is a nurse and my roommate is an
occupational therapist -- I'm sorry, recreational

therapist.
THE COURT:

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Ms. York, thank you.

Anything

about your knowledge of the work of those people that would affect your ability to be fair and impartial? MS. YORK: THE COURT: No.
Thank you.

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Yes, ma'am, in the blue dress.
MS. SMITH:

Adeline smith.

I'm a

registered nurse.
THE COURT:

Ms. Smith, how long have you

been so employed?
MS. SMITH: THE COURT:

Approximately 45 years. "In hospital and medical

offices?
MS. SMITH:

Yes, emergency room, OR

supervisor.
THE COURT:

Anything about your

experiences as an RN that would affect your ability to be a fair and impartial juror?
MS. SMITH:

No.

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.Thank you very much.

Before I

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move over to this side of the aisle, anyone I missed on
this side of the aisle? MS. NIEMANN:

First row first.
I was an RN.

My husband

worked for a pharmaceutical company, and I have had real estate law.
THE COURT:

I'm sorry, I didn't get your

name.
MS. NIEMANN:
THE COURT:

Faith Niemann. Ms. Niemann, you said you were

an RN?
MS. NIEMANN: long time.
THE COURT:

Yes.

I haven't work for a

How long?

When was the last

time? MS. NIEMANN: hospital.
THE COURT:

Nor was I ever in a

Was when the last time you did

anything related to your training as an RN?
MS. NIEMANN:

Gee, I would have to put my

hand on the Bible, but I would say it was around '81.
THE COURT:

Thank you.

Anything about,

about that background and work that would affect your ability to be a fair and impartial juror?
MS. NIEMANN:

No.

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THE COURT:

Thank you.

Anyone else?

Yes? MR. SMITH:

Richard smith.

I'm a

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registered pharmacist.
THE COURT:

Mr. Smith, you're currently

working as a registered pharmacist?
MR. SMITH:
THE COURT:

That's correct. Anything about your work, your

line of work that would affect your ability to be a fair and impartial juror?
MR. SMITH:
THE COURT:

No.

Thank you, Mr. smith.

Anyone else in the front row? Moving to the middle row. Yes, sir, your name? MR. McLOUGHLIN: McLoughlin. My name is Tom

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My wife is a retired now, registered nurse
She still

for -- then was registered for 47 years.

volunteers as a specialist for Alzheimer's patients in Sun city, Arizona. I have a daughter also that's an RN
And I spent 35 years or 34 years

in Memphis, Tennessee.

as a hospital representative for American Hospital Supply Corporation.
THE COURT:

.Thank you, Mr. McLoughlin.

Anything about any of those experiences that would

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affect your ability to serve as a fair and impartial

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juror?
MR. McLOUGHLIN:
THE COURT:

I think not.

Next to Mr. McLoughlin? Art Knutson. I have several

MR. KNUTSON:

cousins that are nurses and also got a neighbor lady still active in nursing at JC.
THE COURT:

Thank you.

Anything about

those experiences or relationships that would affect

your ability to be a fair and impartial juror?
MR. KNUTSON:
THE COURT: No, sir.

Anyone else in the middle row?

No? Back row? Your name?
MR. SPRAU:

Fred Sprau.

My wife, she is a

phlebotomy technician.
THE COURT: MR. SPRAU: THE COURT:

How long has she been Eight years.

Anything about your knowledge

of her work or your relationship with her that would affect your ability to be a fair and impartial juror?
MR. SPRAU: THE COURT:

No. Thank you very much.

Anyone else who might have recalled they

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had a yes answer to that last question?
THE COURT: All right.

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Members of the Panel, in citing the facts of this case, the jury will have to evaluate the
testimony of the witnesses. Is there anyone who could

not judge the testimony of each witness by the same
standards?
example.

By that, let me go ahead and give an
Is there anyone who is likely to give more or

less weight to the testimony of a person, let's say a law enforcement officer than to the testimony of another

witness, simply because one witness is employed as a law enforcement officer and the other witness is not? No one has raised their hand. Members of the Panel, is there anyone who
believes that police officers are more credible or reliable than other witnesses? All right.

Your name, sir, please?
Max Owens.

MR. MAX OWENS:

And it depends

on whether the police officer comes in with notes or not.
THE COURT:

And can you, can you develop

that a little bit further, sir?
MR. MAX OWENS:

I think a person who has

notes on his discussions, findings, whatever, is able to remember those findings when he has the notes in his

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hand better than someone who is recalling strictly from
memory. THE COURT:

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That would not apply just to

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police officers? MR. MAX OWENS:
THE COURT:

No, it would not.
Thank you.

All right.

Anyone else who believes that police officers are more credible or reliable than other
witnesses? Members of the Panel, is there anyone who is less likely to believe the Defendant, believe the Defendant as, as compared with any other witness? No one has raised their hand. Is there anyone who for ethical or moral reasons is unable to sit in judgment of others? No one has raised their hand.

Is there anyone who feels uncomfortable in
trying to assess the credibility of a child witness,

referring to an older child, age of 12 or?
All right.

More.

Is there anyone familiar with sleep-inducing agents? MR. COSGROVE: Would you clarify the type

of inducing agent, which is -- what is the word?
THE COURT:

I used the word agent.

It

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would be any type of sleep-inducing agent, whether taken

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orally or -- is there anyone who is familiar with sleep-inducing agents? All right. I know probably everyone sees

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commercials on television for, for various products. But at this time, I'm asking for familiarity with
sleep-inducing agents.

Let me go ahead and start with

the jury box first.
Ma'am, your name?

MS. STRAIN:
THE COURT:

Sheila strain. Pardon me? Sheila strain. Okay. I go back to my profession.

MS. STRAIN:
THE COURT:

MS. STRAIN:

I transcribed medications, and therefore I am familiar

with, with everything I do.
THE COURT: Thank you.

MR. GRIFFITH: We can't hear Ms. strain.
THE COURT:

Your Honor, I apologize.

Ms. Strain, her familiarity

with sleep-inducing agents is related to her profession, and that's how she is familiar with that type of item. Members of the Panel, continuing with that same question, yes, ma'am your name, please?
MS. EMMONS: Jacqueline Emmons.

And my

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father had terminal cancer.

My sister and I took care

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of him, and he was given sleep-inducing drugs.
THE COURT:

Okay.

About how long ago was

that? MS. EMMONS:
THE COURT:

Two years ago.
Thank you.

Anyone else?

Is it Officer Owens?
MR. COTA: THE COURT: MR. COTA:

Michael Cota.
Pardon me.

Just through my course of

training with different types of narcotics, barbiturates, downers, anything of that nature.
THE COURT:

Okay.

Anyone else in the back

row of the jury box? Moving to the front row. Yes, ma'am?
A JUROR:

Because of my jOb and the hours

sometimes I have to take Excedrine P.M.
THE COURT:

Thank you, very much.

In

fact, that's another question.

I was going to ask, is
And let me

there anyone who uses sleep inducing agents.

go ahead and ask that question as well at this time.

First question was, is there anyone familiar with sleep-inducing agents, the follow-up, does anyone use sleep-inducing agents? Let me stay with the jury box

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members first.

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Yes, sir, your name?
MR. MEINTS:. Gary Meints. My wife died of

cancer of in March.

Prior to that I too, I was

administering some medications that induced sleep to her
also. THE COURT: Thank you.

Anyone else in the

jury box?

Okay.
MS. STRAIN:

I feel terrible.

Sheila

Strain.
THE COURT:

Go ahead, Ms. Strain. I

My

husband was a cancer patient until he died. administered his sleep medications.
THE COURT:

Thank you.

Anyone else in the

jury box?
something.

Please don't feel terrible for remembering

I did ask a new question, Ms. Strain, I

appreciate that.
All right.

Moving to the back of the

courtroom, before we get to the middle row, the front row. Yes, sir? MR. McNAMARA: Jim McNamara. From time to

time I've taken over-the-counter sleep-inducing agent.
THE COURT:

Thank you, Mr. McNamara.

Anyone else in the back row?

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Yes, ma'am? MS. SMITH: Adeline smith.

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;

That's part of

my profession.
THE COURT:

That's how you're familiar

with sleep-inducing agents?
MS. SMITH: 'Yes, correct.

THE COURT: Yes? MR. COSGROVE:

Moving up to the middle row.

I seem to have an evolving

problem, Your Honor.

I suffer from tinnitus and I I'm not hearing well. So

thought I could handle this.

many words that I think I would be interrupting, might
be a bother to you.
I don't know.

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THE COURT:

You're not a bother at all.

Rather than guess and misguess like I did

for Officer Cota, let me have you give your name again. MR. COSGROVE:
THE COURT:

Raymond Cosgrove.

Mr. Cosgrove, I'm going to

have you take a seat in the jury box.

You're probably

going to be cutting the distance you're away from me in half.
MR. COSGROVE: THE COURT: Thank you.

There is an empty jury seat in

the jury box.

We will find out if you can hear me.

Perhaps it has to do with where the loud speakers are

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placed in this courtroom as well, if you can come all the way to the front, or -- and have a seat.
THE COURT:

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Mr. Cosgrove, as I ask various

questions, let me know if you can't hear me.
MR. COSGROVE:

I have most my problems

with consonants.
THE COURT:

Okay.

MR. COSGROVE: sleep.

I heard was eep on that

It comes out kind"of funny sometimes.
THE COURT: All right.

I appreciate that.

And if, again, you cannot understand a question MR. COSGROVE: THE COURT:

It's clearer up here.
All right.

Continuing with

the same question, anyone familiar with sleep-inducing agent or who has used sleep inducing agents? MR. STRATMAN: Wendell Stratman. Working

in the pharmaceutical wholesale industry, I handle many
sleep-inducing, from, from OTC to pharmacy-related and class drugs.
THE COURT:

Thank you, Mr. Stratman.

All right, ma'am.
MS. RIBAR: Pamela Ribar.

My mother has

used sleep-inducing agents to try to commit suicide on several occasions.
THE COURT:

Thank you, Ms. Ribar.

Anyone

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else in the front row? Yes, ma'am? MS. PERSON:

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Donna Person.

I'm familiar

with them because of my profession. use them.
THE COURT:

And, no, I do not

Thank you.

Before I move to

the other side of the aisle, anyone else who has recalled that they have a yes answer to this question,
these two questions? All right.

Over on this side, front row

first.

Yes, sir?
MR. SMITH: .Richard smith.

I'm a

pharmacist.

I dispense these medications daily. THE COURT:

Thank you, Mr. smith.

Anyone

else, in the front row? Yes, ma'am? MS. ATCHINSON: I too gave them to my

mother when see died of cancer four years ago.
THE COURT:

I didn't get your name. Sally Atchinson.

MS. ATCHINSON:
THE COURT:

Yes, ma'am, your name? Sigrid Schlachter. Only

MS. SCHLACHTER:

sleeping, the only agent I'm familiar with is Excedrine
P.M.
THE COURT:

Thank you.

Moving to the

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middle row? Okay.

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Sir, your name?
Don Walden.

MR. WALDEN:

A couple of

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times in sedatives that I have had to take have made me
go to sleep.

They were not -- the purpose was not to It was a side

put me to sleep but they had that affect.
effect.
THE COURT: All right.

Thank you,

Mr. Walden.

Anyone else in the middle row? Yes, sir, your name?
MR. McLOUGHLIN: Tom McLoughlin. Again,

because of medical conditions, various stages of cancer, I have had to take prescription drug for sleeping purposes.
THE COURT: All right. MS. JOSEPH: .Thank you.

Yes? Pat Joseph.

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I have had

occasionally taken Tylenol P.M.
THE COURT:

Thank you, Ms. Joseph.

Anyone in the -- anyone else in the middle row? If not, moving to the back row.
Yes, sir? MR. ARBUCKLE: Arthur Arbuckle. I have

taken the Tylenol p.m. because of pain in my shoulders

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and that induces sleep so that I can rest. THE COURT: back row? Moving back to the front row. Yes, ma'am?
MS. NIEMANN: Thank you.

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Anyone else in the

Faith Niemann.

I really

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think my husband took sedatives, but that's all I can say. He administered them himself.
THE COURT:

All right, Ms. Niemann.

Thank

you. Anyone else, who based on hearing another fellow panel member, has recalled a yes answer to that question? Yes, ma'am? MS. BALLARD:
April Ballard. My mother

suffers from insomnia and she does take them.

I don't

know what she takes, but she takes them prescribed.
THE COURT: .AII right.

Thank you,

Ms. Ballard. Officer Cota?
MR. COTA:

Approximately two years ago I

took percocet because I had a root canal done and it does induced sleep.
THE COURT:

Thank you.

Anyone else?

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I have asked about backgrounds

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that dealt with medicine, medical professions and people in the pharmaceutical profession or line of work have responded. Let me go ahead and make sure of this. Is

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there anyone who has a medical, pharmaceutical or chemistry background or education? And those

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individuals who already responded to their medical or
pharmaceutical background need not give the same
answers.

But if there is anyone who either recalls they

did receive medical or pharmaceutical education or training should definitel¥ raise their hand now if you recalled something, or anyone with a chemistry background or education should raise their hands now. Let's start with the jury box people first. MR. COSGROVE: I'm an engineer. I nave

had several courses in chemistry.
THE COURT: MR. COSGROVE: THE COURT: Yes, MR. sir. WADDELL: Robert Waddell. I had Thank you. Yes.

Mr. Cosgrove?

I'm sorry.

That's all right.

several years of chemistry in college.

I worked in a

lab for three years, chemistry lab.
THE COURT:

That was here locally?

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MR. WADDELL:
THE COURT:

Yes, here locally, TRW. You are no longer working

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MR. WADDELL:

No.

I'm in computers at the

same company.
THE COURT:

Thank you, Mr. Waddell. Okay.

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Anyone else in the jury box?

Moving to the that side of the aisle, first row, front

row first.
Yes, sir? MR. STRATMAN: Wendell Stratman. Again,

maybe I misunderstood the question. any formal training.

I have never had

I do work with a pharmaceutical

wholesaler which does supply medications to different facilities, hospitals, retail pharmacies, and home health care facilities. have had none. As far as formal training, I

The exposure to the medicines or drugs

would be trying to research answers for customers for

generic equivalencies, things of that nature.
THE COURT: All right.

As a result of

your informal but on-the-job training and knowledge, you've acquired various information about various types of pharmaceutical drugs? MR. STRATMAN:
MR. MAX OWENS:

That is correct.
Does that include family

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members?

Max Owens.
THE COURT:

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If it's an immediate family

member, yes. MR. MAX OWENS:
tech.
THE COURT:

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My wife is a pharmacy

Thank you, Mr. Owens.

Anyone

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else? Back corner.
MR. McNAMARA: Jim McNamara. My major was

chemistry in college.
THE COURT:

I'm sorry, Mr. McNamara.

MR. McNAMARA: college. THE COURT:

I majored in chemistry in

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Thank you very much.

No one else on side of the aisle?
Moving over to this side of the aisle. Other than the people who have already given yes answers to medical or pharmaceutical backgrounds, anyone else

who has training or backgrounds in chemistry? No one on this side of the aisle has raised their hand. Members of the Panel, are there any persons among you or do any of you believe you would be unable to follow the law as it will be given to you in the instructions, disregarding your own notions or ideas

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what the law is, or what the law should be? No one has he is raised their hand. Members of the Panel, if you were selected to sit on this jury, would any of you be unable or unwilling to render a verdict solely on the evidence
presented here at trial?

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No one has raised their hand. Members of the Panel, the law requires the state to prove the Defendant guilty beyond a reasonable doubt. The Defendant is presumed by law to be innocent.

This means that the Defendant is not required to prove innocence or to produce any evidence. Is there anyone

who does not understand those principles that I just stated?

Is there anyone who does not agree with those principles or does not think that they should be the law?
No one has raised their hand. Members of the Panel, you have been seated

here for a while now.

Perhaps down in the jury

commission office and also in this courtroom you have
had a chance to look around at each other. Is there

anyone who believes you know some other member of the jury panel?
All right.

Let's start with you, sir.

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Your name? MR. STEWART:
THE COURT:

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Dan Stewart.

Mr. Stewart? I met a gentleman that

4
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. STEWART:

worked for Salt River Project and I work for Salt River

Project at the time.

He's retired now. Who is the person that you

THE COURT: know?

Whom you know?
MR. STEWART: THE COURT:

Art Knutson.
Thank you.

Mr. Knutson.

You had raised your -- started to raise

your hand.
MR. KNUTSON: I was going the same way he

was.
THE COURT:

You were going to say you

believed you knew Mr. Stewart? MR. KNUTSON:
THE COURT:

Uh-hum.

To both Mr. Stewart and

Mr. Knutson, if you were both selected to be seated on the jury, do you believe you would still be able to exercise your independent judgment as jurors on this
case, giving whatever weight -- giving whatever consideration that you believe would be appropriate to whatever the other person would say? You Mr. Stewart,

regarding what Mr. Knutson would say, and you

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Mr. Knutson to what Mr. stewart would say? MR. STEWART: MR. KNUTSON:
THE COURT: MR. SMITH: phone on daily basis. wholesale house.
THE COURT:

2 3

I believe I could. I don't have any problem.

4
5 6 7 8 9 10 11 12
13 14 15 16 17 18 19 20 21 22 23 24 25

Mr. smith? I deal with Wendell over the

My company buys from his drug

You said Wendell. That would be me. Didn't

MR. STRATMAN:

recognize you.

Okay.
THE COURT: To those two individuals,

Mr. smith and Mr. Stratman, do you believe you could
each exercise your independent judgment as jurors if selected and give consideration to the other's input as you deem appropriate? MR. STRATMAN: Yes, I do.

MR.

SMITH: Yes,

yes.

THE COURT: MS. JOSEPH:

Anyone else? Your name? Pat Joseph. I live in Sun

Lakes and I played golf with Faith Niemann, but I don't believe she remembers me.
THE COURT:

Okay.

Ms. Niemann, does that

jog your memory? MS. NIEMANN:
300 people that play golf.

You know, there are, what,

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65 1 THE COURT: All right.

2 3

To both Ms. Joseph and Ms. Niemann, do you believe if you were picked to be jurors and sat on the same jury you could each exercise your independent judgment and give whatever consideration to the other's input you felt was appropriate?
MS. NIEMANN: MS. JOSEPH:
THE COURT:

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Yes. Yes. You both have said yes.

Anyone else' who believes they know someone else on the jury panel?
No one else has raised their hand.
All right.

Members of the Panel,

Bustamante is now going to bring the easel over.

On the

back side there are some printed questions that you need to answer. While he's doing that, if anyone would like

to stand and stretch, you're welcome to do that. We are not going to take a formal break

and leave the courtroom.
stretch.

You're welcome to stand and

MR. GRIFFITH: doing that?
THE COURT:

May we approach while he's

Yes.

(Side-Bar Conference, off the Record)
THE COURT:

Manny, if you turn it around

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to the people in the jury box first, and before you begin and give your responses to those questions, the people in the back can rest assured Manny will turn it around a little closer to you so you can see it when it's your turn. Right now we will keep it in front of

2 3 4 5
6

the people in the jury box. Before we proceed with those, let me go ahead and ask a couple of more questions. Another legal

7 8 9 10 11 12
13 14 15 16

principle in our criminal justice system, Members of the Panel, is that a defendant in a criminal case has a
right to not testify at trial. The exercise of that

right not to testify at trial cannot be considered by

the jury in determining guilt or innocence.

Is there

anyone on the panel who believes that they disagree with that principle, with that legal principle?

Is there anyone who does not understand that legal principle regarding the defendant having a right not to testify? No within has raised their hand. Members of the Panel, this is a general
question, but let me ask at this time, does anyone feel that he or she would not make a good juror? No one has raised their hand. All right.

17 18 19 20 21 22 23 24 25

This is the time to have you

go ahead and answer the questions that are on the easel.

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67

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

The questions asking about you or your spouse, if you or your spouse are retired, please give your occupation prior to retiring. If you have served on a jury, please

let us know what the type of trial it was, whether it was a civil, car accident or criminal, bank robbery, things like that, if you can remember. And also

regarding the prior jury service, please tell us if the case was a local case or it was in another state and
what the verdict, what the outcome of the trial was, if you can remember.

So with that, we will start with the person.
It's Frances Trey?
MS. TREY: THE COURT: MS. TREY:

Yes.
Ms. Trey.

Yes, Frances Trey.

And I am

retired.

I was elementary school teacher in Iowa 42 I still substitute at Paradise Valley Unified
I'm a widow. I have one -- my son is

years.

School District.

older than that, so -- I've never been a juror.
THE COURT:

All right, Ms. Trey.

Thank

you.
We had you come up from the back, Mr. Cosgrove, so why don't you go ahead. MR. COSGROVE: My name is Raymond E.

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Cosgrove.

I have no employer.

What I used to do is I

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8

was a pilot, an officer, base commander in the Air Force.
20 years.

Been in sales, owned five businesses in the last
I have been retired from the Air Force for -

this would be my 20th year coming up.
children.

Married, four

Their ages are 30, 32, 36 and 37, I think. She was employed in sales for

My wife is not employed.
approximately 20, 25 years.

Neither of us work now.

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

I've also been a teacher,. taught at Rio Salado College

in the Mesa school system. juror.
THE COURT:

And I have not sat as a

Thank you.

Next person?

MR. KELLY OWENS:

My name is Kelly Owens.

I work for united Parcel Service as investigator. Worked there for 11 years in my current capacity. I

investigate crimes against united Parcel Services or against the customers of United Parcel S~rvice, like the of drug trafficking, illegal things shipped, and fraud cases. I am married, ,have two children, ages 8 and 11.

My wife is a teacher for Glendale Elementary School
District.

She has been a teacher there for eight years. And I have never sat as a juror before.
THE COURT:

Thank you.

Next person?
MR. HAWES:

My name is Michael Hawes.

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Southwest Hardwood, about ten years.

I'm a buyer.

I'm

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married.

I have two children, eight and five.

My wife

works at Arthur Anderson. for about 18 months, CPA.
THE COURT:

She has been employed there And I haven't served. Thank you very much.

4
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8

Next person? MS. STRAIN:

My name is Sheila strain.

I

am presently associate assessors clerk, Maricopa County Assessors Office. changed professions. Been there about a year. I'm a widow. Just

9
10 11 12 13 14 15 16

My husband's prior

employment was hospital administration and health

administration, which mig~t be an omission.
never served a jury. MR. WADDELL:

And I have

My name is Robert Waddell.

My occupation, commuter support specialist, employer is TRW Safety Systems, employed there for about three and a half years.

17 18 19 20 21 22 23 24 25

I support three labs here in Mesa.

And I

am single, and I have not served before.
THE COURT: Thank you.

Next person?
MR. COTA:

My name is Michael Cota, police

officer with Arizona Department of Public Safety.
Worked there for approximately one year.

I am married. My wife is

I have three children, one, six and eight. unemployed.

And I have never sat on a jury before.

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70 1 THE COURT:

Thank you.

2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Blodgett.

Next person?
MR . MA TU Z :

My name is Ruben Matuz, I work

for Chaney's Collision Repair.

I've work there for two I am married,

and a half years.

I am an auto painter.

got two children, four and two.

My wife works for the

Town of Guadalupe.

She's worked there for five years.

She is a town receptionist.
And I haven't served before.
THE COURT: Thank you.

Ms. Blodgett? MS. BLODGETT: My name is Sharoll

I work for Isaac School District, secretary. Three children allover the age

Been there eight years. of 18.

My husband is a maintenance worker.

He works I have never

for Harrah's Ak-Chin Casinos in Maricopa. sat as a juror. MR. VENNEBERG:

My name is Gerald

Venneberg, D.N.A., Incorporated, been there 10 years, computer operator. juror.
THE COURT:
MR. MEINTS:

Unmarried.

And never sat as a

Thank you.

Gary Meints.

Work for Sears
Also

as salesperson, been employed there seven years.

retired Air Force.

Presently not married.

I have sat

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on a jury trial before, in the state of Washington, town of Everett, Washington. There were two trials,

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

criminal, one was drug and one was arson and they were
both found guilty.
THE COURT:

Thank you very much.

Next person? MS. BALLARD:

My name is April Ballard.
I have worked there I am

I

work for America West Airlines. eight and a half years.

I am a flight attendant.

unmarried, divorced, no children. before as a juror before.
THE COURT: Thank yo~.

And I have never sat

Next person?
MR. STEWART:

My name is Dan Stewart.
And I have been there for

I

work for Salt River Project.
16 years.

I do repair work with the Salt locating
I am married.

division.

I have one child, eight years She has been

old.

My wife works at Boswell Hospital.

there for 17 years. extended care unit.

And she is a nursing director, And I have sat on a jury before, And it was locally.

criminal case, child molest case.

And the verdicts were not guilty and hung.
THE COURT: All right.

Thank you very

much. Next person?

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MS. EMMONS:

My name is Jacqueline Emmons.

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

I work for West Bridge Treatment Center, psychiatric treatment center for adolescents and children.
worked there five years, receptionist, secretary.

I have I am

married, two children.

My husband is retired and does I have never sat as

construction remodeling type work. a juror before.
THE COURT:

Mr. Bustamante is to going to
We

move the easel over to face the people in the back.

will start with Mr. Stratman.
Can you see all the words on the easel? MR. STRATMAN: Yes, I can.

Wendell Stratman. Brunswick Drug Company.

I work for Bergen

It's a pharmaceutical I was in

wholesaler, have worked there for eight years.

operations, manager, until three months ago when I became an inventory coordinator.
two children, ages 10 and 11.

I am married.

I have

My wife works as a

teacher's aide for Lincoln Elementary School.

She has

been doing that in a paid position for two years, as a
volunteer for six.

And I have sat as a juror before.

One was an automobile accident and one was insurance
company. THE COURT: All right.

I believe you told Maybe you did not.

us perhaps about the auto accident.

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MR. STRATMAN:

No, I did not.

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The auto accident was -- that individual

was found not -- let me see, not enough evidence, I guess, to convince the jurors, so he was not guilty. And the insurance case was guilty.
THE COURT:

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

The individual was guilty? Was that a civil case or a

All right.

criminal case?
MR. STRATMAN:
THE COURT: Both civil.

All right, thank you.

Next person.
MR. HOM:

My name is James Hom.

I work as
I

a computer programmer for Bull Information Systems. have worked there for 21 years.

I am married, with My wife

three children. is a homemaker.

5, 11 and 14 are their ages.

And I sat as a juror in a child

molestation case in 1979, and the verdict was guilty.
THE COURT: Thank you.

Next person?
MS. RIBAR:

My name is Pamela Ribar and I

am a legal assistant for Phillips & Lyon Law Firm, specialize in personal injury.
never at on a jury before.
THE COURT: Thank you.

I am single.

And I have

MR. BRIDWELL:

My name is Scott Bridwell.

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I work at Allied Signal Aerospace.

I have been there

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6

for 14 years, and I manage a group of computer

programmers.
13, 15 and 16.

I am married.

I have three children, ages

My wife works at Mesa Community College.

She has been there for about three months and she currently works in the testing lab. And I have never

7 8 9
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sat a juror before.
THE COURT:

Thank you.

MS. CARTWRIGHT:

My name is Kris

Cartwright.

I work for Sandoz Pharmaceutical, have Primarily call on home

worked for them for 13 years.

health cases, hospice acute care settings, hospitals, long term care and pharmaceutical distributors and some pharmacies. I am married.

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16 17 18 19 20 21 22 23 24 25

I have three children, ages,
He

7, 5 and 16 months.

I have -- my husband is a CPA.

works for American Wireless Cable.

His type of work is

chief financial officer. jury before.
THE COURT:

I have never sat served on a

Thank you.

Next person?
MS. PERSON:
Donna Person.

I work for

Thomas Davis Medical Center. year and a half. management.

I have been there about a

I'm an RN, work in utilization
My children are over 18.

I'm a widow.

I

have never sat on as juror before.

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75 1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 THE COURT: "Thank you.

Next person would be Mr. Owens. MR. MAX OWENS: Yes, Max Owens. I'm
I have

retired from the US Air Force, with 22 years. three children, allover 18.

My wife is currently

employed at Fry's as a pharmacy tech, three years approximately. system.

I have never sat as a juror in the court

I have sat on court-martials, however.
THE COURT: Thank you.

When you were in

the military and you served on court-martials, do you remember what the outcomes were? MR. MAX OWENS:
THE COURT:

Both.

What were they?

MR. MAX OWENS:
THE COURT:

Guilty and not guilty.

Thank you very much.

Next person? MR. RIGGIERO: self-employed. Ron Riggiero,

17 18 19 20 21 22 23 24 25

Been there about 23 years. Married.

Type of work

I do, I'm the boss.

I have a wife, two My wife works for me, she

children, ages ten and five. is the office manager. duty before.
THE COURT:

And I have never sat on jury

Thank you.

Next person? MS. KORNRUMPH:

My name is Jan Kornrumph.

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I work for America West Airlines as accountant
supervisor.

2 3

I have been there nine years.

I am My husband

married.

I have two children, five and two.

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

works for the Salt River Project.

He's a water rights I have never sat

specialist, has been there five years. on a jury before.
THE COURT: Thank you.

MR. McNAMARA:

Tim McNamara.

I'm retired

from Dow Chemical, 34 years with Dow.

I am married, six

children -- wife is homemaker. criminal juries.
THE COURT:

I served on three

All right, Mr. McNamara, do

you remember the outcomes of those three juries? MR. McNAMARA:
THE COURT:

They were all guilty.

Thank you.

Next person?
MS. YORK:

My name is Mary York.

I work

for Chase Bankcard Services. year and a half.

I've worked there for a

I'm a customer service representative. Never sat on a jury before.
Thank you.

Not married, no children.
THE COURT:

Next person?
MS. ANSTINE:

My name is Jeannine Anstine. I'm a reservations sales Married,

Work for Southwest Airlines. agent.

Been there three and a half years.

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have two children, 7 and 11. Motorola, engineer.

My husband works to
I

2 3

He has been there ten years.

have never been a juror.
THE COURT:

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Thank you.

MR. BARKER:

Kevin Barker.

I work for

Pepsi Cola in marketing and sales.

I have been there

for six months.

I am married.

My wife is a homemaker.
I have

I have four children, ages 15, 13, 9 and 7.

never been a juror before.
THE COURT: MS. SMITH: Thank you.

Adeline smith.

I'm a

registered nurse. there five years.

I work at Mesa Christian Care, been Married, have four grown children.

My husband is a funeral director and family counselor. He's been at Mountain View Cemetery Funeral Home about
five years. I have never sat as a juror before.
THE COURT: .Thank you.

Mr. Bustamante is moving the easel over.

We will start with Mr.
Poulson.

-- I thought I had a Donald

Was it Adeline smith who last gave the

information?
MS. SMITH:

Adeline, A-d-e-l-i-n-e.
All right. It would be

THE COURT:

We dismissed Mr. Poulson. Sigrid Schlachter.

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MS. SCHLACHTER:

I'm Sigrid Schlachter. I have been there

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Employed with America West Airlines.

for five months.
married.

I'm a reservation sales agent.
One 12 and one 15.

I am
My He

I have two children.

husband, he is a mechanic, an auto body repairman.

is currently unemployed.
before. THE COURT:

I have never sat on a jury

Thank you. My name is Sally

MS. ATCHINSON: Atchinson.

I am retired.- I was administrator of an
I am married.

agency, and also teacher. also retired.

My husband is My

And I have two children over 18.

husband retired from the State of Michigan as employee of the state. I have never sat as a juror before. I

have been defendant in a federal jury trial, and the jury came back with verdict of innocent.
THE COURT: Thank you.

Next person? MS. PFINGSTON: My name is Seba Pfingston. I'm a tour

I am self-employed independent contractor. guide throughout the west.

I work for several different

companies and go on over-the-road tours of one to two weeks.
I have three children. Their ages are over 18.

My husband is a retired Motorola employee. management systems contract specialist.

He was a

He worked there

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for about eight years.

And I have sat on a civil case

in California in which a driver drove into a nursing
home.

And the verdict wa~ guilty.
THE COURT:

All right.

The person was

found responsible for having caused damages? MS. PFINGSTON:
THE COURT: Yes, yes.

Thank you.

Next person?
MR. SMITH:

My name is Richard smith.

I fm

a pharmacist, work for Target Corporation, been employed there four months. and 12. I have four children, ages 2, 7, 10 She works for Dr. Rick

My wife is an optician.

Rios in Phoenix.

I have sat on criminal cases three

times, and the verdicts were guilty each time, assault and battery and also drug charges.
THE COURT:

The court cases involved the

17 18 19 20 21 22 23 24 25

assault and battery and drug charges?
MR. SMITH: THE COURT:

That's correct.

Next person? My name is Charles Wilson.

MR. WILSON:

I'm a retired sales manager for General Foods, part-time work for Fry's now. And married. One child over 18. She was

My wife is also retired, from McDonnel Douglas. a contracts negotiator. before.

And I have never sat as a juror

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