Free Proposed Voir Dire - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 850 W. Adams Street, Suite 201 Phoenix, Arizona 85007 3 Telephone: 602-382-2747 4 DEBORAH L. EULER-AJAYI State Bar No. 010537 5 Asst. Federal Public Defender Attorneys for Defendant 6 [email protected] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s/Deborah L. Euler-Ajayi DEBORAH EULER-AJAYI Asst. Federal Public Defender vs. Jeanette Wilcher, Defendant. Jeanette Wilcher, through undersigned counsel, requests the Court to use the following voir dire questions in selecting the jury for trial in this case. Counsel also requests that the Court use a jury questionnaire (attached) to assist in selecting the jury. Respectfully submitted this 12th day of December, 2005. JON M. SANDS Federal Public Defender IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, DEFENDANT'S REQUESTED VOIR DIRE No. CR-03-1098-PHX-EHC

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BACKGROUND Please tell us: a. Your name b. The general area where you live. c. If you are married, widowed or divorced. d. How many children you have. e. Your highest grade of education. f. Your present employer (if retired, your last position or job). g. Your spouse's present employment (if retired, his or her last position or job.) Have you or anyone in your immediate family ever been employed by any government office or agency? What newspapers and magazines do you read? What was the last book or magazine you have read? What are your favorite television shows? PRIOR JUROR EXPERIENCE Have you, or any members of your immediate family, or close friends ever testified at a criminal trial or before a grand jury? If so, please relate the circumstances. Have any of you ever sat as a juror in a criminal case? If so, when and in what court? What was the nature of the case? What was the outcome? Please explain. Have any of you ever sat as a juror in a civil case? Please explain. LEGAL EXPERIENCE Has anyone, or your close friends or family members, attended law school or other legal training? When and where?

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Are you, or any members of your family or close friends, lawyers? Where do you/they practice? Do they discuss their work with you? Are you, any members of your family or close friends employed in the legal profession? Please elaborate. Has anyone been sued? Please give details. LAW ENFORCEMENT Have you or any one in your immediate family or close personal friends ever been employed by any law enforcement agencies? Do you, or any members of your family or close personal friends belong to any organization involving crime prevention or law enforcement? What organization? In this case there may be testimony from Internal Revenue Service and FBI agents. Would any of you give greater or lesser weight to the testimony of a witness because he or she is a law enforcement agent? If so, please explain. VICTIM OF CRIME Have you, or members of your immediate family or close friends been a victim of or witness to any type of crime? If so, who was the victim, what was the crime, when and where did it occur? Would that experience affect your ability to sit as a juror in this matter? FINANCIAL/BUSINESS Ms. Wilcher is accused of mail fraud and money laundering. Does anyone have any strong feelings about these charges that would make it difficult to sit as a juror in this case? Does anyone, or close friends or family members, have a background in accounting, taxation, banking, investments, or other financial areas? Is anyone, or close friends or family members, a CPA?

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Is anyone, or close friends or family members, had training in accounting, taxation, banking, investments, or other financial areas? Is anyone self-employed or working for a family business (whether yours or someone else's)? Please give details. Has anyone, a family member, or close friend invested money in high risk investments? Is anyone the beneficiary of a trust? What kind of trust? Has anyone been involved in investing money, whether your own or someone else's? ABILITY TO BE FAIR AND IMPARTIAL Do any of you believe that because a person has been indicted and accused of a crime she is probably guilty? A defendant has a constitutional right not to testify. Would any of you hold it against the defendant should she elect not to testify? The government must prove guilt beyond a reasonable doubt. The defendant is presumed innocent and does not have to prove her innocence. deciding the case in light of that rule? If you were to vote on Ms. Wilcher's guilt at this moment, you would be required to vote not guilty. Does anyone disagree with that? Does anyone, for any reason, have any reservations about his or her ability to fairly and impartially decide this case based solely on evidence presented in the courtroom and in accordance with the instructions of the law that might be given you concerning this case? Is there anything regarding this case that has not been mentioned that might hinder your ability to sit as a fair and impartial juror? The government carries the complete burden. Do you have any difficulty in

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If you found yourself in Ms. Wilcher's place, charged with the commission of a crime, would you be willing to be tried by a jury of twelve persons with the same frame of mind that you now find yourself? Respectfully submitted: December 12, 2005. JON M. SANDS Federal Public Defender s/Deborah L. Euler-Ajayi DEBORAH L. EULER-AJAYI Asst. Federal Public Defender

Copy of the foregoing Voir Dire 11 transmitted by CM/ECF for filing this 12th day of December, 2005, to: 12 CLERK'S OFFICE 13 United States District Court Sandra Day O'Connor Courthouse 14 401 W. Washington Phoenix, Arizona 85003 15 JOHN LOPEZ 16 Asst. United States Attorney U.S. Attorney's Office 17 44 W. Washington St., Suite 1201 Phoenix, AZ 18 Copy of the foregoing mailed to: 19 JEANETTE WILCHER 20 Defendant 21 23 24 25 26 27 28 5 s/Deborah L. Euler-Ajayi 22 Deborah Euler-Ajayi

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