Free Response - District Court of Arizona - Arizona

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1 II TERRY
GODDARD

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ATTORNEY GENERAL II (FIRM STATE BAR No. 14000)

II AARON

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

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5 II TELEPHONE: (602) 542-4686 6
RESPONDENTS
II

ATTORNEYS

FOR

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

CN 04-573-PHX-FJM (MS)

-vs
DORA B. SCHRIRO, et aI., Respondents.

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EXHIBIT H, PART 1, PGS. 1-39 FOR ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS

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Cl / I') {/(f / Ib- v- / i ..t:I

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE. COUNTY OF MARICOPA

STATE OF ARIZONA, Plaintiff,

) ) ) )

MARICOPA COUNTY SUPERIOR COURT NO. CR 94-92467 COURT OF APPEALS NO.1 CA-CR 96-0231

vs.
WILLIAM FLOYD SMITH, Defendant.

) ) ) )
) )

REPORTER'S TRANSCRIPT OF PROCEEDINGS

Mesa, Arizona October 2, 1995

BEFORE:

THE HONORABLE LOUIS A. ARANETA

PREPARED BY: SALLY STEARMAN, Court Reporter

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APPEARANCES:

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FOR THE PLAINTIFF STATE Of ARIZONA: MARICOPA COUNTY ATTORNEY'S OFFICE MS. ANNE BOWEN
FOR THE DEFENDANT SMITH: MR. GREGG GRIFFITH

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PRO C E E D 1. N G S

2 3 4 5 THE COURT:

I'm Judge Louis Araneta.

This

is the time that has been set for the trial in the case of state of Arizona versus william Floyd smith.

It's

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criminal cause number CR 94-92467. At this time let me inquire of counsel, is the State ready to procee~?
MS. BOWEN:

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Yes, Your Honor.

Anne Bowen

appearing on behalf of the State.
THE COURT: Thank you.

Is the Defendant

ready to proceed? MR. GRIFFITH: Yes, Your Honor, Gregg

Griffith appearing with the Defendant.
THE COURT:

will all the perspective

jurors, Members of the Jury Panel seated in the
courtroom please stand at this time so you can be sworn?
(Panel Members Sworn)
THE COURT:

Members of the Panel, what we

are going to do now will be the Jury selection process.

It's called sometimes in Latin voir dire.

The process

involves a series of questions and your answers to those questions. They are not -- they, the questions are not

intended to pry unnecessarily into your personal lives or matters and I hope that they do not do that, but they

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are intended for all the attorneys to receive some

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information and knowledge about you, persons who might be or would be selected for the Jury so that the attorneys and I can find out whether or not you have any preconceived opinions about the case that might make it very difficult for you to set aside. In addition, we

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need to find out, and the attorneys need to find out as well, whether you have any personal or family experiences that might cause you to identify with one side or the other. not asked In other words, these questions are questi?ns are asked, excuse me, to

-- these

ensure that each party in this trial is able to select jurors who will be fair and impartial. During the question and answer process please do not withhold any information just to be seated on this Jury. Do not be concerned with the answers to

the questions and whether or not those answers are right answers or wrong answers. wrong answers. There really are no right or Just be

This is not any type of test.

as honest and as candid as you can be in your answers. Do not be concerned with what you feel the lawyers might want to hear from you or what you feel I might want to hear from you. If the answer to the question during a questioning process is no, you do not have to do
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anything further.

If the answer to a question is yes,

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I'll need you to please raise your hand.

I will then

call on you and ask you to give some additional

information related to that yes response or yes answer. When I do call on you, the cardinal rule, first matter, please start by giving your name. That's so the court

reporter, as seated down, here can take your name and show the name of the person who is giving the answer. If at any time during this process you

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would also prefer to give a yes answer in private, that is, outside the presence of your fellow jury panel members, feel free to exercises that prerogative. I

will then go ahead and some time during this process, arrange to meet with you, the counsel and the court can

reporter, but not other panel members so that you give your yes answer in private. Before I go any further, let me go

and introduce to you the members of my staff.

ahea d Seated

right here below is the court reporter, Ms. Sally
Stearman.

She will be recording the proceedings and

everything that is said orally on her court reporter
machine.

Seated on my immediate right is the court The job of the court clerk,

clerk, Ms. Gloria Kuder.

Ladies and Gentlemen, is to record the rulings and in-court proceedings that happen. Seated to Ms. Kuder's

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immediate right is the bailiff, Mr. Manny Bustamante. Some of you or all of you may have met him as he brought you over from the Jury Commissioner Office. At this time I will now have counsel for each side go ahead and please identify yourselves and
the person seated next to you at counsel table. Ms. Bowen?
MS. BOWEN: Thank you.

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I'm Anne Bowen.

I

work for the County Attorney's Office, Deputy County Attorney. Present with me during the court proceedings

will be my detective, Robert Powers, from the Maricopa
County Sheriff's Office.
THE COURT:

Thank you.

Members of the Panel, do any of you believe you know Ms. Bowen or any member or any employee of her office, the Maricopa County Attorney's Office, be

it another attorney, be it a clerk, any person who works for the Maricopa County Attorney's Office?
Yes, sir? MR. PEREZ: THE COURT: MR. PEREZ:

Could I have your name, please? Javier Perez. Mr. Perez? I do a lot of work with the And

County as a psychologist for the outpatient work.

I'm familiar with a lot of employees from the county. I'm not sure that would apply or not, a lot of policemen

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and different county employees.
THE COURT:

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Thank you.

Right now, as to

Ms. Bowen, or to the detective seated next to her, Mr. Powers, Detective Powers, do you believe you know
either of them specifically? MR. PEREZ: THE COURT:

I don't believe so. If later you recall any

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specific name, please feel free to raise your hand again.
Thank you.

I will now -- well, I should have asked the other question of everyone. Does anyone believe

they know Detective Powers or anyone who works for the Maricopa County Sheriff's Office? Yes, sir, your name, please? MR. KELLY OWENS:
THE COURT:

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Kelly Owens.

Mr. Owens? I deal with detectives

MR. KELLY OWENS:

from Maricopa County Sheriff's Office periodically in the duties of my job.
THE COURT:

And what are those duties?

MR. KELLY OWENS:

In regards to drug

packages, things of that nature.
THE COURT:

Are you yourself in a law

enforcement agency?

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MR. KELLY OWENS:

No.

I work for a

private agency, for united Parcel Service.
THE COURT: Thank you.

You don't recall

any specific names of individuals with whom you work or with whom you deal with at the Maricopa County
Sheriff's's Office? MR. KELLY OWENS: name in particular?
THE COURT:

Recall names, as his

Yes. No, I don't recall his

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MR. KELLY OWENS:

particular name.
THE COURT:

Any other law enforcement

officer in the Sheriff's Office, Maricopa County Sheriff's? MR. KELLY OWENS:
THE COURT:

Many others.

You do know several

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individuals by name? MR. KELLY OWENS: Yes.

THE COURT: That's in your course of working for your employer united Parcel Service? MR. KELLY OWENS:Right. Is that strictly a business

THE COURT:

knowledge or is it a social relationship as well?
MR. KELLY OWENS: Purely business. And I

have been subpoenaed as a federal witness in court cases

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Okay.

Would any of that, sir,

whereby you deliver items to the Maricopa County
Sheriff's Office, Mr. Owens, affect your ability to serve as fair and impartial juror if you were picked? MR. KELLY OWENS:
THE COURT:

No.

Thank you.

Anyone else who

recalls or believes they may know or do know someone who is employed by the Maricopa County Sheriff's Office? No one else has raised their hand.
All right.

We will proceed now with

defense counsel.

Mr. Griffith, if you would go ahead and introduce yourself and your client.
MR. GRIFFITH: My name is Gregg Griffith.

It is my pleasure to represent William Smith, who is a construction drafter.
THE COURT: Thank you.

Does anyone believe they know Attorney Mr. Gregg Griffith? No one has raised their hand. Does anyone believe they know the Defendant William Floyd smith? No one has raised their hand. Members of the Panel, the Defendant

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william Floyd smith is charged with, on or about July 7, 1994, having knowingly administered Halcion, a dangerous drug. To this charge the Defendant, Mr. smith has pled Is there anyone among you, the Panel

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not guilty.

Members who believes you have seen, heard or read something about this case?
No one has raised their hand. Is there anyone among you who believes they may have heard someone else express an opinion about this case? No one has raised their hand. Members of the Panel, have you, members of your family or close friends ever been involved in a

case such as this one? We will be asking you, or I will be asking you questions in a little while about any, any familiarity with the criminal justice system, whether it was as a victim or as a Defendant or as a witness. But,

at this point I am asking, anyone on the panel who has been involved or had a member of their family been involved in a case similar to the charges in this case?
Yes, sir?
MR. COSGROVE:

will you please repeat the I don't know if I heard the

charge?

I don't hear well.

second or third word in the charge.

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THE COURT: please? MR. COSGROVE: THE COURT:

Could I have your name sir,

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Raymond E. Cosgrove.

Thank you, Mr. Cosgrove.

The Defendant, Mr. William Floyd Smith is charged, on or about July 7, 1994, having knowingly administered the drug Halcion, H-a-I-c-i-o-n, Halcion, a dangerous drug. Were you able to hear me?
Yes. Anyone among the Panel Members

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MR. COSGROVE:
THE COURT:

themselves, family member or friends who has been involved in a case such as this? Members of the Panel, is there anything about the nature of this case that would make it
difficult for you to serve as a fair and impartial juror?

Again, we are talking only about the nature of

this case.
THE COURT:

Mr. Cosgrove? I have another question.

MR. COSGROVE:

What does administering mean in this sense, of Halcion, or whatever it is?
THE COURT: All right.

Would counsel please approach? (Side-Bar Conference, off the Record)
THE COURT:

All right, Mr. Cosgrove, and

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Members of the Panel, during the entire course of this

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trial, if you are, if you here, you'll be seeing me have counsel approach for various matters, and this was one
of them.

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Let me go ahead and tell you what administer means. Administer means to apply, inject or

facilitate the inhalation or ingestion of a substance to
the body of a person. Mr. Cosgrove? MR. COSGROVE:

Does that answer your question,

Yes.

Is that person him or

someone else?

You're asking if I am prejudiced or not.

I would like to answer that question for myself.
THE COURT:

I will be asking you if you That verb administer refers to

are prejudiced or not. another person.

MR. COSGROVE:
THE COURT:

Thank you.

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You're welcome. Let me make

I believe I did ask that.

sure now that I have given the definition of administer, is there anyone among the Panel Members that given the nature of this case he or she would make

-- would find

it difficult to sit as an impartial and fair juror?
MR. PEREZ:

Javier Perez, I don't believe

I could be impartial.

I work with drug free workplace

for the County, and I, I'm reacting already to that.
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Okay.

If I gave you an

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instruction later on, Mr. Perez, that said you are to
keep an open mind, you are to evaluate and hear the

evidence as it is presented to you, and at the end of the case, after you have received all the evidence, you are to go into the jury room to deliberate by applying
the instructions on the law to the evidence that you have received, do you still believe that after those instructions you would be. unable to be fair and impartial?
MR. PEREZ:

Yes, I would be unable to be

fair and impartial.
THE COURT: Mr. Perez, I thank you for I'm going to go ahead

your information and your candor.

and excuse you from service on this particular case.

Please report back to the Jury Commissioner Office
because you may be needed for another case.
MR. PEREZ: THE COURT:

Thank you. 'You're welcome.

Is there anyone who had raised their hand who I might have missed?
Members of the Panel, I'm going to go ahead and read to you a list of individuals, a witness list, actually, of those people who may be called to

testify during this trial.

All these people may not

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actually be called to testify, but any of them might be
or could be.

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As I callout the name or recite the name,

please let me know whether you believe you know any of these persons. First name is Deputy M. Johnson, Maricopa
County Sheriff's Office. Deputy M. Johnson?

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Does anyone believe they know

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Next person, Detective Bob Powers, who is the case agent who was already introduced to you. already asked you if you knew him.
Next person, Sergeant D. Weiss, W-e-i-s-s, also with the County Sheriff's Office, Deputy K. Holmes, Maricopa County Sheriff's Office, Detective Terry Young,

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Maricopa County Sheriff's Office.
The following civilian witnesses: Lundin, L-u-n-d-i-n, Susan Marsha Tseko, T-s-e-k-o, Rachelle D. Tseko, Michael Sucher, MD, Randall Winkler, W-i-n-k-I-e-r, and John D'Asaro. Randy

continuing with the

names of individuals, Vinnie Hughes, James L. smith, Kay smith, pastor Don Lawrence.
Did someone raise their hand?

Your name, please?
MS. ATCHINSON:
THE COURT:

Sally Atchinson.

Ms. Atchinson?

MS. ATCHINSON:

I'm acquainted with Don

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Lawrence, if it's the one that's the minister in Fountain Hills.
THE COURT:

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All right.

And how are you

acquainted with Don Lawrence? MS. ATCHINSON:

Just as a member of the

community and seeing him, and just social activities,
not personal.
THE COURT:

When you say, member of the

community, are you referring to the religious community as well as the community of Fountain Hills itself?
MS. ATCHINSON:

Basically, I am not a

member of his church, just the community, he serves on the council.
THE COURT: Thank you.

Would your

knowledge of Don Lawrence. affect your ability to sit as

fair and impartial juror?
MS. ATCHINSON: THE COURT:

No, it would not.

Thank you.

After Don Lawrence, I had given the name of Tony Sirrus, S-i-r-r-u-s. Tony Sirrus?
Isaacson.

Anyone believe they know

continuing, a Mark Isaacson, and a Kim

No one else has raised their hand. Members of the Panel, I know and the attorneys know that service on a jury is an

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inconvenience in one way, shape or another to all of

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you.

I also know how important it is to the community

and to our criminal justice system that people such as yourselves are willing to serve on a jury to decide cases such as this case. Jury duty does remain one of

the most important civic duties citizens of our country
are called upon to perform.

I know you will not be It has been said that, that

taking your duty lightly.

really there are only two times when citizens of our Country are called upon to perform an affirmative act. One is to perform military service to our country, and the other is to serve on jury duty. We can all select

or decide and choose whether to vote or not, but that is not something that you are called upon to affirmatively do if you select or choose not to. Let me go ahead and tell you a little bit about the schedule of this case and the type of schedule I keep for the trial. This case is expected to take up

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into Thursday of this week, today being Monday, of course. So that would be a four-day schedule. Today

would be solely the selection of the jury.

After the

jury is selected, we will recess for the day, and the presentation of the evidence and the opening statements would start tomorrow. When I refer to a day, I'm really

only referring to half a day, because trials in my
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courtroom and most other judges courtroom are only during the afternoon, afternoon time period is defined
as being from 1:30 to approximately 4:30, sometimes

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4:45.

During the afternoon we will take a 15-minute

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break, usually in the middle part of the afternoon
around 3:00 p.m.

But we will not be meeting any time in

the morning for the presentation of this trial and its
evidence. Thursday.

The duration, again, is expected to, to end By Thursday, I mean the case would be

submitted to you for deliberation and decision-making some time on Thursday afternoon. Is there anything about the particular length of this trial now that you know that we are expected to go into Thursday and end Thursday in terms of presenting the case to you for decision-making, is

there anything about the length of this trial that would in your view make it -- would create a substantial difficult problem, be it personal, business or health that is so significant or sufficiently significant that you believe you need to be excused or asked to be excused from service as a juror in this case? long question. A very

Now that you know the length of this

trial, do you believe that for personal, business or
health reasons you would not be able to serve? Okay.

sir, your name, please?

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MR. POULSON:
THE COURT:

Donald Poulson. Mr. Poulson?
Go ahead,

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MR. POULSON: at Mesa Community College.

I'm a teacher of mathematics They have had an extremely

hard time and unable to find a replacement to teach my classes, and that would happen today and Wednesday. that would affect about 78 students, and I feel an
obligation to them. THE COURT:

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And

All right, thank you,

Mr. Poulson. afternoon?

Mr. Poulson, your classes are in the

MR. POULSON: afternoon classes.
THE COURT:

Yes, they are.

I have all

How many classes in the

afternoon?
MR. POULSON:

I have two, both Monday and

Wednesday.
THE COURT: MR. POULSON:

Okay.
From 3:00 until 6:00

o'clock, approximately.
THE COURT:

Thank you, Mr. Poulson.

I'll

get back to you in just a little while.

Anyone else?

Yes, sir, your name, please?
MR. SHOEMAKER:

Charles Shoemaker.

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Mr. Shoemaker, go ahead. I have an important

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MR. SHOEMAKER:

business meeting Thursday at 1:00 o'clock: THE COURT:

Is this a meeting for which

another employee or co-worker in your company, Mr. Shoemaker, could not fill in for you? MR. SHOEMAKER:
THE COURT: more information? of the business? MR. SHOEMAKER:

No, sir, it's not.

Can you give us just a little

Are you a principal or owner-operator

Yes, what I'm -- the

campaign operation and Congressman Matt Salmon Reelection Committee.
at 1:00 o'clock. back for it.

We are having a meeting Thursday

People from Washington DC are coming

It's a one-of-a-kind type meeting

conducted once this year and it's imperative I be there
for that. THE COURT:

Thank you, Mr. Shoemaker. Is there anyone else?

I'll get back to you also.

Your name, sir?
MR. SOSTAK:
THE COURT: MR. SOSTAK:

Siegfried Sostak.
Mr. Sostak?

I don't believe in judging

others, pure religious reasons.
THE COURT:

You do not believe in judging

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others? MR. SOSTAK:
THE COURT:

Yeah. Based on Religion.

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MR. SOSTAK:
THE COURT:

-- religious or ethical views? Yeah. Let me just ask this, Have you ever

MR. SOSTAK:
THE COURT:

Mr. Sostak, for additional information. sat on a jury before? MR. SOSTAK:
THE COURT:

No.
Thank you.

I'll get back to

you also, Mr. Sostak. Anyone else?
Yes, ma'am. MS. O'LEARY: Linda O'Leary. I work for

Turf Irrigation. administrator.

I'm the payroll clerk in personnel per
And the only other person that can do

payroll is the president, and I should be there actually
doing the payroll because they do have pay this week.
THE COURT:

When you have been away from

work for vacation or other reasons, has it been the
president of the company MS. O'LEARY:

I usually do not take

vacation unless it's an off week.
THE COURT:

Have you in the past done so?

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MS. O'LEARY:

I have only worked at this

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company for a year.
THE COURT:

So, if you were picked for

jury duty, it would have to be the president of the company who would have to fill in for you?
MS. O'LEARY: correct. THE COURT: All right. get back to you also. Anyone else? THE COURT: please approach? (Side-Bar Conference, off the Record.)
THE COURT: 'All right.

That's correct.

That's

Thank you.

I'll

All right.

Would Counsel

To Mr. Shoemaker,

to Mr. Poulson, to Ms. O'Leary and to Mr. Sostak, I'm going to go ahead and excuse you from service in this case. Please report to the Commissioner's office down,

over where you were earlier because you may be needed

perhaps for a shorter trial or some other trial.

I want

to thank you for your information, and you're excused at
this time. MS. O'LEARY:
THE COURT:

Thank you, Your Honor.

You're welcome.

Members of the Panel, I'm going to continue with my questions. Let me ask all of you, have

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any of you ever served as a member ofa Grand Jury, whether it was as a member of a Federal Grand Jury, Later on I'll be

state Grand Jury or County Grand Jury?

asking you whether or not you've served on a jury in a trial before. Right now I'm aSking you only on serving

on a Grand Jury. MR. McNAMARA: Jim McNamara. Served on a

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grand jury in the superior court, Contra Costa County,
California.
THE COURT:

About how long ago was that?
14 months.

MR. McNAMARA:
THE COURT:

It was for a duration of 14

months? MR. McNAMARA:
THE COURT: MR. McNAMARA: THE COURT:

14 months ago.

14 months ago? It lasted for seven days.
"Thank you.

Would there be

anything about your experience as a member of that Contra Costa County Grand Jury that would affect your ability to serve as fair and impartial juror? MR. McNAMARA:
THE COURT:

No.

Anyone else who has served on

a Grand Jury before?
No one else has raised their hand.

Members of the Panel, have any of you ever

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been called to testify as a witness in a criminal case
before? Okay. What I'll do, I'll start with the

people in the jury box first then move to the back of the courtroom. Is it Mr. Owens?
MR. KELLY OWENS:
THE COURT:

Yes.

Mr. Owens?
One case in particular I

MR. KELLY OWENS:

had to go to Montana for a week to testify as a witness regarding a package of drugs that was shipped.
THE COURT:

How long ago was that? It was in March.

MR. KELLY OWENS:
THE COURT:

Of this year?
Yes.

MR. KELLY OWENS:
THE COURT:

Do you recall the outcome of

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the case in which you testified? MR. KELLY OWENS:
THE COURT:

It was a guilty verdict.

Have you ever been called to

testify in any other case?
MR. KELLY OWENS: THE COURT:

No, I haven't.

Was that a state criminal

trial or a Federal criminal trial? MR. KELLY OWENS:
THE COURT: Federal.

Would there be anything about

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your experience as a witness in that case, Mr. Owens, that would affect your ability to sit as fair and impartial juror?
MR. KELLY OWENS:
THE COURT:

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No.

Anyone else in the back row of

the jury box before we move to the front row?

Your name?
MR. COTA:
THE COURT: MR. COTA: THE COURT: MR. COTA:

Michael Cota. Mr. Cota? Yes.
Go ahead.

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I am a police officer with the

Department of Public Safety, and I was called to -- as a

witness in a theft that involved a juvenile.
THE COURT: MR. COTA:

About how long ago? It was last month, in August,

two months ago.
THE COURT:

Would that affect your ability

to sit as a fair and impartial juror?
MR. COTA: THE COURT:

No. Prior to that testimony

experience, was there any other time that you testified as a witness?
MR. COTA: THE COURT:

Only in civil cases. Okay. Thank you.

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We are still on criminal cases. the front row who had raised their hand? starting in the front. Yes, ma'am, your name?
MS. BLODGETT: Blodgett. 1980.
THE COURT:

Anyone in

2 3 4 5 6

My name is Sharoll

witness for the defense in murder trial in

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Here locally? Yes, sir.

MS. BLODGETT:
THE COURT:

And do you recall the outcome

of that case? MS. BLODGETT:

The gentleman was found

guilty.
THE COURT: Ms. Blodgett, would there be

anything about your experience in that case as a witness that would affect your ability to sit as fair and

impartial juror? MS. BLODGETT:
THE COURT: No, sir.

Thank you.

Yes, sir? MR. VENNEBERG: Gerald Venneberg. I was

called in a criminal case in the early 70s in Topeka, Kansas.
THE COURT:

Did you actually testify?
Yes.

MR. VENNEBERG:

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THE COURT:

Do you recall the nature of

that case, type of charge? MR. VENNE BERG:

Resisting arrest,

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basically.
THE COURT:

Do you know what the outcome

of that case was? MR. VENNEBERG:
THE COURT:

He was found guilty.

Mr. Venneberg, would there be

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anything about that experience that would affect your

ability to sit as a fair and impartial juror?
MR. VENNEBERG:
THE COURT:

No.

Anyone else in the jury box,

front or back row? No one else has raised their hand. In the back of the courtroom, anyone? MS. ANSTINE:
THE COURT:

14 15 16 17 18 19 20 21 22 23 24 25

Jeannine Anstine.
Go ahead.

MS. ANSTINE:

I testified on behalf of a

savings and loan I worked. for against a robbery. I didn't witness a robbery, but I testified on behalf of
the bank.
THE COURT:

That was here locally? That was here locally about

MS. ANSTINE:

six years ago.
THE COURT:

Do you remember the outcome?

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MS. ANSTINE:
THE COURT:

He was guilty. Would there be anything about

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that experience that would affect your ability to sit as fair and impartial juror?
MS. ANSTINE:
THE COURT:

No. Thank you very much.

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Anyone else on that side of the aisle
before I go over to the other side? No one else has raised there hand. On this side of the aisle? MR. WALDEN:
THE COURT: Don Walden.

Mr. Walden? In Texas, on a witness list

MR. WALDEN:

one time at murder trial. on the list.
THE COURT:

I did not testify but I was

Were you listed as an Do you recall what

eye-witness or expert witness? your MR. WALDEN:

I don't know how to put this The part of the, the

except just to tell you about it.

allegation was that this was -- this murder occurred in a homosexual lesbian rela~ionship. And the, the defense

lawyer was calling a lot of people who had dated one of the women involved to prove that she was not a lesbian,
I guess.

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28 1 THE COURT:

Okay.

Thank you.

Do you

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recall the outcome of that case? MR. WALDEN: was found guilty.
THE COURT:

The woman who was -- yes, she

Even though you were not

actually called to testify in the trial, even though you
were called but you did not have to testify, was there

anything about that experience, Mr. Walden, that would
affect your ability to sit as a fair and impartial juror? MR. WALDEN:
THE COURT:

No. No?

MR. WALDEN:
THE COURT:

No.
I need to make sure people

give oral responses so the court reporter can take them

down.
Anyone else who I might have missed? All right.

During the course of the

questioning, Members of the Panel, if you are anything like me, if I am anything like you, I sometimes recall things that I didn't remember initially because I hear someone else say something and it jogs the memory, or jogs my memory. If at any time you remember you would

have had a yes answer to a question, please feel free to raise your hand and let us know.

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Is there anyone who has been called to testify as a witness in any case? That is, doesn't have

2 3

to be a criminal case, could be a civil case, car accident, case involved personal injuries and lawsuit for damages? Anyone who has ever testified as a witness

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

in a civil case?
All right.
MR. COTA: THE COURT:

It's Michael Cota. Mr. Cota, can you start with

the nature of the civil cases and the number of cases?
MR. COTA:

I can't recall how many cases I

have testified for on behalf of the state, but it was
approximately at least 30 cases, involved in speeding, traffic accidents.
THE COURT: All right.

Most recently, do you recall when you last testified in a civil case approximately?
MR. COT A:

It was in August. Would there be anything about

THE COURT:

your testifying in those numerous civil cases that would
affect your ability to sit as a fair and impartial juror?
MR. COTA: THE COURT:

No.
Thank you.

Anyone else who

has testified in a civil case?

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MR. COSGROVE: of the peace case? THE COURT:

Does that include justice

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Yes.

Your name, again,

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please?
MR. COSGROVE: THE COURT: Raymond Cosgrove.

Mr. Cosgrove, can you give us

some information about that?
MR. COSGROVE: I was a witness for the

defendant, for non-paying of a deposit on a rent, the question was clean-up.
THE COURT:

Do you recall what the outcome

of that case was?
MR. COSGROVE:

The Defendant was innocent

of that charge.
THE COURT: He was found not responsible

or not liable? MR. COSGROVE:
THE COURT: Not liable.

Thank you.

Anything about

that experience, Mr. Cosgrove, that would affect your ability to be a fair and impartial juror? MR. COSGROVE:
THE COURT: All right.

No.

Anyone else? Members of the Panel, are any

of you, any members of your family or close friends working or serving as law enforcement officers? We

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heard already from at least one individual.
with Officer Cota. MR. COTA: Yes, sir.

Let's start

2 3 4 5 6 7 8 9
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I work for the

Arizona Department of Public Safety.
THE COURT: MR. COTA:

For how long? Approximately one year now,

sir.
THE COURT:

Beyond yourself, is there any

member of your family or close friends who are law enforcement officers?
MR. COTA: Yes, sir.

I do have a brother

with the Phoenix Police Department.
THE COURT: How long has your brother been

a member of the Phoenix police? MR. COTA: THE COURT: Approximately 17 years. Thank you.

Anything about

either your own employment as a law enforcement officer or your brother's that would affect your ability to sit as a fair and impartial juror?
MR. COTA: THE COURT: No, sir. Thank you.

No one else in the

back row? Okay, ma'am, you had raised your hand?
MS. BALLARD: April Ballard. And my

brother is a Phoenix Police Officer.

And my father is a

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detective for the City of Phoenix.
THE COURT:

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Ms. Ballard, would there be

anything about your relationship with your father and brother, information you've received from them that would affect your ability to sit as a fair and impartial juror? MS. BALLARD: No.

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THE COURT: .Thank you. Anyone else in the jury box?
All right.

Moving to that side of the

aisle, anyone who themselves, family members or friends are working or serving as law enforcement officers? Your name? MS. CARTWRIGHT: Kris Cartwright. My

uncle is a detective for the Phoenix Police Department.
THE COURT:

All right.

Are you fairly

close to your uncle?
MS. CARTWRIGHT:
any more.

I don't see him that much

Not a problem.
THE COURT:

Would there be anything to

affect your ability to serve as a fair juror? You shake your head no. MR. CARTWRIGHT:
THE COURT:

No.

Anyone else on that side of

the aisle?

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Yes, sir? MR. BARKER:
THE COURT:

2 3 4 5 6

Kevin Barker. Mr. Barker? A good friend is captain of

MR. BARKER:

the Salt Lake city Police Department.
THE COURT:

Mr. Barker, would that

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friendship affect your ability to be a fair and impartial juror?
MR. BARKER:
THE COURT:

No.
Thank you.

Anyone else' on that side of the aisle? If not, coming over to this side of the aisle, anyone who themselves, family members or friends, serving or working as a law enforcement officer? Yes, sir, your name?
MR. KNUTSON:

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.

Art Knutson.

A friend that

works for the Phoenix Police Department.
THE COURT:

How long have you known that

friend?
MR. KNUTSON:

Roughly a year, year and a

half.
THE COURT:

Mr. Knutson, anything about

your friendship that would affect your ability to serve as a fair and impartial juror?
MR. KNUTSON:

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No, sir.

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THE COURT:

Coming to the front row first.
Seba Pfingston. I have

MS. PFINGSTON:

been friends with a highway patrol officer for about seven years. THE COURT:

Ms. Pfingston, would that

friendship affect your ability to sit as a fair and impartial juror?
MS. PFINGSTON: THE COURT: I do not believe so.

Thank you.

Continuing, let's move over to that side before we come over here. Your name, please? MS. SCHLACHTER: Sigrid Schlachter.

THE COURT: "Ms. Schlachter? MS. SCHLACHTER: I have a friend that used

to be with Phoenix, Arizona, now for El Paso, works for the highway patrol department.
THE COURT:

17 18 19 20 21 22 23 24 25

okay. Police officer.

MS. SCHLACHTER:
THE COURT:

Would there be anything about

that friendship that would affect your ability to be a fair and impartial juror? MS. SCHLACHTER: No.

THE COURT: "Thank you. sir, I believe you had raised your hand.

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MR. WILSON:

Yes.

When I first came to

the valley I worked as patrolman for the Phoenix Police
Department 1959.
THE COURT:

Could I get your name, please? Charles Wilson. Thank you, Mr. Wilson. That

MR. WILSON:
THE COURT:

was back in 1959.

And for how long a time period did

you serve as a patrolman?
MR. WILSON:
THE COURT:

About a year and a half. And was that the entire

duration of your service as a law enforcement officer?

MR. WILSON:
THE COURT:

That's correct. Would there be anything about

that experience that would affect your ability to sit as a fair and impartial juror? MR. WILSON: I don't think so.

17 18 19 20 21 22 23 24 25

THE COURT: -Thank you, Mr. Wilson. Anyone else who raised their hand and I didn't see or now needs to raise their hand? MR. VENNEBERG: Is this current only or

are you speaking about the past?
THE COURT:

Speaking about the past as

well. MR. VENNEBERG: In about '73 I was a But

reserve deputy, Shawnee County, Topeka, Kansas.
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that's working in the jail and working patrol.
THE COURT:

How long did you -

Mr. Venneberg?
MR. VENNE BERG:

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Venneberg, sorry.

THE COURT:

How long did you serve as a

reserve?
MR. VENNEBERG:
THE COURT:

About two years.

Anything about that experience

that would affect your ability to be a fair and

impartial juror? MR. VENNEBERG:
THE COURT:

No. Anyone else now

Thank you.

that I clarified it with the past as well, in addition to the present, anyone who themselves, family members or friends who worked for a law enforcement agency? No one else has raised their hand.
Members of the Panel, are there any persons among you, have you or any member of your family

14 15 16 17 18 19 20 21 22 23 24 25

ever studied or practiced law, whether it was law school, whether it was a paralegal, law clerk training?
All right.

MR. ARBUCKLE:
THE COURT:

Arthur Arbuckle.

Mr. Arbuckle? I have a daughter who is a

MR. ARBUCKLE:

paralegal on family matters, the family court.

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37 1 2 3 4 5 6 7 8 9
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THE COURT: the court?

Thank you.

Does she work for

MR. ARBUCKLE: private firm.
THE COURT:

No.

She works for a

And do you know how long she

has been doing that work? MR. ARBUCKLE: Four or five years, I

THE COURT:

Would there be anything about

your interaction or relationship with your daughter that would affect your ability to be a fair and impartial juror? MR. ARBUCKLE:
THE COURT: No, sir.

14 15 16 17 18 19 20 21 22 23 24 25

Yes, sir? Tom McLoughlin is my

MR. McLOUGHLIN:

name, and I have a son that's an attorney in Berkeley,
California, been in practice for about 15 to 18 years. I'm not THE COURT:

All right.

Do you -- what

type of law does your son practice? MR. McLOUGHLIN: estate law.
THE COURT: .Thank you.

He's a specialist in real

Mr. McLoughlin,

anything about that that would affect your ability to be a fair and impartial juror?

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MR. McLOUGHLIN: think so.
THE COURT:

I would think -- I don't

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Any other people had raised

their hand?
Your name again? MR. WALDEN:
THE COURT:

Walden.

Mr. Walden? My ex-wife was a paralegal

MR. WALDEN:

assistant and worked for some attorney while we were

married.
THE COURT:

Is that here locally? No.

MR. WALDEN:
THE COURT:

That was in Texas.

Mr. Walden, anything about

your ex-wife having worked in the legal field that would affect your ability to be a fair and impartial juror? MR. WALDEN:
THE COURT: MS. RIBAR:

No.
Thank you.

Yes, ma'am? I am a legal

Pamela Ribar.

assistance for Phillips and Lyon law firm.
THE COURT: I'm sorry.

I didn't catch the

name of the firm.
MS. RIBAR: THE COURT: MS. RIBAR: Phillips and Lyon.

How long have you been there? Approximately a year and a

half.

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39 1 THE COURT:

Prior to that were you a legal

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assistant with another law firm?
MS. RIBAR:
THE COURT:

No, I was not. Would there be anything about

your employment or your interaction with lawyers in your
firm that would affect your ability to be a fair and impartial juror?
MS. RIBAR: THE COURT:

No, sir. Thank you.

In the back row, yes, sir, with the striped shirt.
MR. MAX OWENS:
THE COURT:

Max Owens.

Mr. Owens? Just took some business

MR. MAX OWENS:

law and real estate law in college.
THE COURT:

Thank you.

Would that affect

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your ability MR. MAX OWENS:
THE COURT:

No.

-- to serve as a fair and

impartial juror?
Thank you. You said no.

Mr. Cosgrove?
MR. COSGROVE:

The same answers, same

courses, legal courses back in college, business law in
college, real estate law.

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