Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 1 of 14 PageID 557 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION UNITED STATES OF AMERICA v. Case no. 3:18-cr-89-J-34JRK Reginald Brown _____________________________/ DEFENDANT REGINALD BROWN’S PROPOSED VOIR DIRE QUESTIONS The Defendant, Reginald Brown, by and through the undersigned counsel, pursuant to Rule 24(a) of the Federal Rules of Criminal Procedure and this Court’s pre-trial order submits the following questions for prospective jurors in this matter: BIOGRAPHICAL INFORMATION 1. Name: 2. (First) (Middle) (Last) Sex: (M)__________ (F)__________ 3. Age: __________ 4. Place of Birth: ______________________________________________ 5. Address: __________________________________________________ 6. Where else in Florida have you lived? ___________________________ 7. Have you ever lived anywhere else other than Florida? Yes ____ No ____ (Maiden) If Yes, where have you lived? __________________________________ 8. Race/Ethnic Background: _____________________________________ 9. Marital Status: Single Separated Divorced 10. If you have been married, how many times: more Never Married Married ____ Yrs. Living w/Someone __ Yrs. Widowed _ Yrs. Page 1 of 14 1 time 2 times 3 times 4 or Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 2 of 14 PageID 558 FAMILY HISTORY 11. If you have children, please state their sex, ages and for your adult children, state their occupations (if they are students, please list their major area of study, if known): _________________________________________ 12. Is your residence: __________ an apartment or __________ a house? 13. Do you __________ own or __________ rent your residence? 14. How many people live in your household? ______________________________ How are they related to you? ________________________________________ EMPLOYMENT 15. 16. What is your current occupation/job title? _______________________________ a. Where do you work? _________________________________________ b. How long have you worked there? _______________________________ c. What exactly do you do? ______________________________________ Have you supervised other people at your present or past place of employment? Yes _____ No _____ a. If yes, how many people are or were under your supervision? _________ b. Are or were you responsible for hiring or firing employees? ___________ 17. Do any of you have experience in the loan, or loan underwriting business? Yes _____ No _____ 18. If you do not work outside the home, please give the reason (i.e. homemaker; student; retired; disabled; unable to find work): ___________________________ 19. If your spouse/partner works outside the home, what is his/her occupation and who is his/her employer? ____________________________________________ 20. If your spouse/partner does not work outside the home, please give the reason (homemaker; student; retired; disabled; unable to find work): _______________ 21. Have you, any family members or friends ever worked for, or sought employment Page 2 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 3 of 14 PageID 559 with, a United States Attorney’s Office, or any other office of the United States Government? Yes ____ No ____ If YES, who, and what agency? _____________________________________ 22. 23. Do any of you own or had an interest in a small business? a. do you hire an accountant or do own your books? b. did you incorporate your business? c. have you ever been audited? d. has any small business you owned ever filed for bankruptcy protection? Does anyone work in a business that applies for or receives government grants or loans? EDUCATION 24. What is your highest level of education completed? Elementary School _____ Grade _____ High School ______ Grade_____ Technical or Business School _____ College _____ 2 years _________ 4 years ________ Graduate or Professional School _____ a. If you attended school past high school: 1. What was your major area of study? _________________________ 2. What degrees or certificates did you obtain? ____________________ b. Are you presently a student? Yes _____ No _____ If yes, describe course of study and anticipated date of completion. Page 3 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 4 of 14 PageID 560 25. What is your spouse/partner’s highest level of education completed? _________ MILITARY EXPERIENCE 26. 27. 28. Have you served in the military? Yes _____ No _____ a. If yes, which branch? _________________________________________ b. Highest rank attained? ____________ Rank at discharge? ____________ c. What were your dates of service? ___________________ d. Nature of discharge? _________________ e. What job(s) did you perform in the military? ________________________ f. Combat experience? Yes _____ No ________ g. If yes, when and where? _______________________________________ If your spouse/partner was in the military during the time of your marriage: a. Which branch? ______________________________________________ b. Highest rank attained? ____________ Rank at discharge? ____________ c. What were his/her dates of service? ___________________ d. Nature of discharge? _________________ e. What job(s) did he/she perform in the military? _____________________ f. Combat experience? Yes _____ No ________ g. If yes, when and where? _______________________________________ Have you or your spouse/partner ever participated in a military court martial, or served in the military police, or other military law enforcement capacity? If yes, please describe the participation: You: ____________________________________________________________ Spouse/Partner: __________________________________________________ Page 4 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 5 of 14 PageID 561 LEGAL SYSTEM EXPERIENCE 29. 30. If you are chosen to serve as a juror in this matter, the judge will instruct you that the defendant is presumed to be innocent of the charges contained in the indictment and this presumption of innocence can be overcome only if the Government proves - beyond a reasonable doubt - each essential element of the charges contained in the indictment. There is no burden on the defendant to prove that he is not guilty; the Government must prove he is guilty beyond a reasonable doubt. a. Do you understand this rule of law? Yes _____ No _____ b. Do you understand this constitutional standard of evidence, proof beyond a reasonable doubt in a criminal case, is the highest standard of proof used in the legal system greater than that required in a civil case? c. Will you be able to follow this rule of law? Yes _____ No _____ Have you, your spouse/partner, a family member, or close friend ever had an experience with a law enforcement officer in which you (or they) felt you (or they) were treated fairly or unfairly? Yes_____ No _____ If yes, please describe the experience: _________________________________ 31. 32. Have you, or has any close friend or relative, been the victim of or witness to, any kind of crime, whether it was reported to law enforcement authorities or not (including robbery, burglary, assault, sexual assault, etc.)? Yes _____ No _____ a. How did you, or the person close to you, feel that the police or law enforcement agency handled the situation? ____________________ b. Have you ever made a statement to the police? Yes _____ No _____ c. If yes, under what circumstances? ______________________________ If there was a court hearing for the case or cases described in the previous question, did you testify in court? Yes _____ No _____ If yes, how did you feel about the experience of testifying? 33. Have you or your spouse/partner ever been involved in a lawsuit? Yes__ No ___ Page 5 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 6 of 14 PageID 562 If yes: a. What were the suits about? ____________________________________ 34. b. How were you or your spouse/partner involved? ____________________ c. What were the results? ________________________________________ d. Were you or your spouse/partner satisfied with the results? Yes ____ No ____ e. If not, why not? ______________________________________________ Have you, any family members or close friends ever been investigated, charged, arrested, indicted, or convicted of any criminal offense? Yes __ No __ If Yes Please give more details about the circumstances: a. How did you (or they) feel you (or they) were treated by the police? b. Are there any criminal charges pending against you, your spouse/partner, family member or close friend now? Yes _____ No _____ If yes, please describe: ________________________________________ c. 35. As a result of that experience, what feelings or opinions have you formed about the police or the criminal justice system? _____________________ Have you, a friend or relative of yours ever been sentenced to time in jail or prison? Yes _____ No _______ If Yes, did you feel the person was fairly treated? Yes ________ No _________ If No, what did you think was unfair? __________________________________ 36. Would your experience affect your ability to be a fair and impartial juror in this case? Yes ___________ No ___________ 37. Have you or your spouse/partner ever had to appear in court, or in any court proceeding, as a plaintiff, defendant, victim, or witness for any reason other than you have indicated above? Yes _____ No _____ Page 6 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 7 of 14 PageID 563 If yes, please state when and why: ______________________________ 38. As a result of any experience described above, is there anything that would cause you to lean in favor of either the prosecution or the defendant in this case? Yes _____ No ____ If yes, please explain: _____________________________________________ 39. Have you ever served: As a juror in a civil case? As a grand juror? As a juror in a criminal case? Yes Yes Yes No No No Number of times __________ Number of times __________ Number of times__________ If you have ever served as a juror in a criminal case, please fill out the following: 40. a. In any of the criminal cases, were you the jury foreperson? Yes ___ No __ b. In any of the criminal cases, did the jury set the penalty? Yes __ No __ c. What did you like or dislike about your prior jury service? _______________ Based on your experience as a juror, do you feel the legal system worked to your satisfaction? Yes _____ No _____ If no, please explain: _______________________________________________ 41. Have you or your spouse/partner had any legal training or ever worked for a lawyer, law office, or in any aspect of the legal business? Yes _____ No _____ If yes, please state the involvement: ___________________________________ 42. Have you or your spouse/partner ever filed a grievance or administrative complaint against or with a government or government agency, or a law enforcement officer? Yes _____ No _____ If you or your spouse/partner has, please describe: _______________________ 43. Do you know anyone else on the jury panel? a. nature of relationship? b. If both of you are selected for this case, will the other persons presence make you less willing to share your views of the case? Page 7 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 8 of 14 PageID 564 PARTIES, JUDGE, ATTORNEYS 44. Do you know any Assistant United States Attorneys, Assistant State Attorneys or anyone who works for the U.S. Attorney’s Office or in any State Attorney’s Office? Yes _____ No _______ If Yes, whom do you know and how do you know this person? ______________ 45. Do you know any criminal defense attorneys or anyone who works for a criminal defense lawyer? Yes ____ No ____ If Yes, whom do you know and how do you know this person? ______________ 46. Do you know Reginald Brown, personally or through an acquaintance, or any member of his family? Yes____ No ____ If Yes, whom do you know and how do you know this person? ______________ LAW ENFORCEMENT 47. Have you, or has someone close to you, sought employment or been employed by any law enforcement agency (for example, a police or sheriff’s office; a prison, jail, probation department; state attorney; the FBI; the DEA; the IRS? Yes _____ No _____ 48. Have you, or has someone close to you, ever been employed in a securityrelated job for a private business (i.e. as a security guard or investigator? Yes _____ No _____ If yes, please list: _________________________________________________ 49. Have you had any training, courses, or work experience in law enforcement, criminal justice, administration of justice, investigation, civil rights, constitutional law, or criminology? Yes _____ No _____ If yes, please describe: _____________________________________________ 50. Have you ever had a favorable or unfavorable experience with a lawyer Page 8 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 9 of 14 PageID 565 (including a prosecutor or defense lawyer) or a judge? Yes ___ No ___ If yes, please explain: ______________________________________________ 51. How do you feel about the way the criminal justice system is working in the United States? 52. How do you feel about the way African American defendants are generally treated in the American criminal justice system? 53. How do you feel about the way public officials charged with a crime are generally treated in the American criminal justice system? 54. Which of the following best describes your feelings or opinions regarding the police, including federal law enforcement agencies such as the FBI? Very Positive Somewhat Negative Positive Negative Somewhat Positive Very Negative 55. Are you aware of any case(s) where you felt the police did not do a thorough job investigating a crime? 56. What are your feelings or opinions of the Jacksonville Sheriff’s Office? 57. What are your feelings or opinions of your local police department(s)? 58. What are your feelings or opinions of federal law enforcement agencies (FBI, DEA, etc.)? 59. In general, do you believe the testimony of a law enforcement officer is: [Please check [x] only one box] Always believable Same as any other witness Never believable 60. More believable than other witnesses Less believable than other witnesses Don’t Know / Not Sure How would you view the testimony of a person who has pleaded guilty to a felony and agreed to testify for the government in the hope of receiving a more lenient sentence? Always believable Same as any other witness Never believable More believable than other witnesses Less believable than other witnesses Don’t Know / Not Sure Page 9 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 10 of 14 PageID 566 NATURE OF CRIMES CHARGED AND PRETRIAL PUBLICITY 61. The media generally presents both sides in a criminal case equally. Strongly Agree Disagree 62. Somewhat Agree Somewhat Disagree Agree No opinion Strongly Disagree Do you feel the media is generally? Pro-Defendant Pro-Government Unbiased 63. What criminal case(s) have you followed in the media, if any? _____________ 64. Reginald Brown, a former Jacksonville City Council person, is accused in this case of committing crimes such as conspiracy to commit mail and wire fraud, money laundering, and failure to fail an income tax return. Have you heard or read about this case? Yes _____ No ________ 65. a. If Yes, what do you remember reading or hearing? ___________________ b. If Yes, what was your reaction to what you heard or read? ____________ Based on what you have heard, read or seen about this case, which of the following best reflects your opinions regarding whether the defendant is guilty or not guilty of these charges: Definitely Guilty Definitely Not Guilty None of the above Probably Guilty Probably Not Guilty Possibly Guilty Possibly Not Guilty BURDEN OF PROOF/RIGHT TO REMAIN SILENT 66. A Defendant is innocent unless proven guilty beyond a reasonable doubt. Agree strongly Agree 67. Disagree Strongly Disagree No Opinion Don't Know If the government charges someone with conspiracy and other charges in Federal Court, that person is probably guilty. Agree strongly Agree Disagree Strongly Disagree Page 10 of 14 No Opinion Don't Know Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 11 of 14 PageID 567 68. If a person is brought to trial on conspiracy and other charges in Federal Court, that person is probably guilty. Agree strongly Agree 69. Disagree Strongly Disagree No Opinion Don't Know Even though the law says a Defendant has the right to remain silent, an innocent person accused of a crime should testify. Agree strongly Agree 71. No Opinion Don't Know A Defendant in a criminal case has the right to remain silent. Agree strongly Agree 70. Disagree Strongly Disagree Disagree Strongly Disagree No Opinion Don't Know If the evidence points to a verdict of not guilty and guilty, the verdict should be not guilty. Agree strongly Agree Disagree Strongly Disagree No Opinion Don't Know 72. Mr. Brown is charged in this case with Katrina Brown with whom he is not related. If the Court instructs you that you must consider the evidence as it applies to each individual can you follow that instruction? In other words, if you find the evidence convinces you beyond a reasonable doubt one of the two is guilty of some or all of the charges, does anyone feel that the other must be guilty too? 73. Does everyone understand and recognize the verdict must be unanimous? Does this concept make anyone uncomfortable? In other words, while the Judge will instruct you that you can and should consider every other jurors’ point of view, it does not mean however, that you must give up your own good faith feeling about the evidence just to get the case over with? Does everyone understand this concept? PERSONAL INFORMATION 74. Please list the names of all organizations to which you belong, including clubs, unions, societies, fraternal organizations, professional organizations, and churches (this includes groups like Kiwanis, Rotary, Knights of Columbus, American Legion, American Civil Liberties Union, National Rifle Association, Page 11 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 12 of 14 PageID 568 League of Women Voters, Christian Coalition): __________________________ Indicate any leadership positions you hold or have held in any of those organizations (officer, committee chair, etc.) _____________________________ 75. Do you sympathize with any anti-government views expressed by a. Anti-government groups or organization? Yes _____ No _____ If yes, please elaborate: b. Pro-government groups or organization? Yes _____ No _____ If Yes, please elaborate: 76. Have you, a family member or close friend ever participated in any group concerned with crime prevention or victims’ rights? If yes, what group was it? Describe its purpose and your participation or your family member/friend’s participation: 77. What newspapers, magazines, trade journals or other publications do your read regularly? 78. What television programs do you watch on a regular basis? 79. Approximately how many hours a day do you watch television? _____________ 80. What radio programs do you listen to on a regular basis? 81. Do you listen to talk radio? Yes ____ No ____ If Yes, to what talk radio shows do you listen? 82. What is your primary source of news information? _____ Newspapers _____ Magazines _____ TV _____ Radio _____ Internet _____ Friends, Family, and Acquaintances _____ Other (please identify) _______________________ 83. What are your leisure-time activities, hobbies, or interests? Page 12 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 13 of 14 PageID 569 84. Have you ever had a bumper sticker on your car? If so, what did it say? 85. Do you have any physical or mental difficulties or obligations that would make it impossible or unreasonably difficult for you to serve in a trial that may last ___ weeks? Yes _____ No _______ If yes, please elaborate: a. Difficulty hearing? Yes _____ No _____ b. Difficulty seeing? Yes _____ No _____ c. Are you taking any medication on a regular basis? Yes _____ No _____ If yes, please identify _________________________________________ d. Does the medication affect your ability to see, hear, concentrate, etc.? Yes ____ No ____ If yes, please explain 86. Have you, any family members, or any close friends ever undergone counseling, treatment, or hospitalization for psychiatric, psychological, emotional, family, behavioral, or substance abuse problems? Yes _____ No _____ If yes, please explain: 87. Is there any matter, whether covered by these questions or not, that you feel should be brought to the attention of the court? Yes _____ No _____ If yes, please explain: 88. This trial could last as long as ____ weeks. Jury service of this length is an inconvenience and hardship for virtually every juror. Tell us about any extraordinary hardship jury service in this case might cause you. Page 13 of 14 Case 3:18-cr-00089-MMH-JRK Document 143 Filed 07/11/19 Page 14 of 14 PageID 570 Respectfully submitted, S:// Thomas M. Bell THOMAS M. BELL, #0615692 301 West Bay Street, Suite 1460 Jacksonville, Florida 32202 Telephone (904) 354-0062 Telecopier (904) 353-1315 tbellesq@bellsouth.net Attorney for Reginald Brown CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 11, 2019, I electronically filed the foregoing with the clerk of the Court by using CM/ECF system which will send a notice of electronic filing to A. Tysen Duva, AUSA, Michael Coolican, AUSA, John P. Leombruno, Esq., and Richard Landes, Esq. S:// Thomas M. Bell THOMAS M. BELL Page 14 of 14