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Voir Dire - Panel Questions

Voir Dire - Panel Questions

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Published by nachison

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Published by: nachison on Apr 16, 2012
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 ____________________________________UNITED STATES OF AMERICA, )v. ) Criminal Action No. 10-223 (RBW))WILLIAM R. CLEMENS, ))Defendant. )____________________________________)
 The Court will permit individual voir dire of each potential juror, all of whom will bebrought individually to the courtroom from another location after the Court has posed thefollowing questions to the entire venire. The Court will also permit counsel to ask jurorsadditional questions about their employment, which will be listed in general terms on the jury listthat counsel will be provided before the voir dire commences. The only questions that will notbe permitted are those that are repetitive of questions already asked or which the Court findsotherwise inappropriate.The Court will pose the following questions to the venire:(1) What I am about to indicate are the allegations being made by the government in supportof the criminal charges that have been filed in this case. Understand, however, that whatI am about to state is not evidence, but at this point merely are the allegations being madeby the government in support of the indictment you will be asked to consider if you areselected as a juror in this case.Statement of the Case:In February, 2008, Mr. Clemens testified before the United States House of Representatives Committee on Oversight and Government Reform in connection withthat Committee’s investigation into the use of performance enhancing drugs (anabolic
2steroids and human growth hormone) in Major League Baseball. The indictment in thiscase arises from that testimony. The indictment charges the defendant, William R.Clemens, also known as Roger Clemens, with one count of obstruction of Congress inviolation of 18 U.S.C. § 1505, three counts of making a false statement in violation of 18U.S.C. § 1001, and two counts of perjury in violation of 18 U.S.C. § 1621. Theindictment is not evidence. The indictment is simply the document used to advise adefendant of the accusations against him. The defendant has pleaded not guilty to all of the charges.(a)
Do you personally know anything about this case?(b)
Have you read or heard anything about this case in the news media?(2) Based just upon what I have told you about this case, do any of you have any feelingsabout the innocence or guilty of the defendant?(3) The lawyers representing the United States are Daniel Butler, Steven Durham, GilbertoGuerrero, Jr., and Courtney Saleski, who are Assistant United States Attorneys for theDistrict of Columbia. Do any of you know or recognize Mr. Butler, Mr. Durham, Mr.Guerrero, or Ms. Saleski, or have you heard anything about them?(4) The defendant in this case is William R. Clemens, also known as Roger Clemens, aformer Major League Baseball pitcher who played for the Boston Red Sox, the TorontoBlue Jays, the New York Yankees, and the Houston Astros. Does anyone know orrecognize Mr. Clemens or have you heard anything about him?(5) The lawyers representing the defendant are Rusty Hardin, Andy Drumheller, Derek Hollingsworth, Joe Roden, and Jeremy Monthy of the law firm of Rusty Hardin &Associates, located in Houston, Texas, and Michael Attanasio of the law firm of Cooley,LLP, which has offices located in San Diego, California and Washington, D.C. Do any
3of you know or recognize any of Mr. Clemens's attorneys or have you heard anythingabout them? Have any of you had any dealings with either of their law firms?(6) Do any of you know or recognize anyone else in the courtroom, including myself or anyof your fellow jurors?(7) Is there anyone who feels that they might have any difficulty being fair and impartial inthis case due to the race or ethnicity of anyone who is involved in this case?(8) The parties will now read the names of their witnesses and others who may be mentionedduring the trial.(a) (The government’s witnesses)(b) (The defendants’ witnesses. The Court will advise the panel that the defendantsare not required to call witnesses).Do any of you know any of these individuals or recognize their names?(9) (The Court will explain, in general terms, the principles of reasonable doubt, presumptionof innocence, and burden of proof). Would any of you have any problems accepting andapplying any of these principles of law?(10) Every defendant is presumed innocent and cannot be convicted unless the juryunanimously and based solely on the evidence presented at trial, decides that his guilt hasbeen proven by the government beyond a reasonable doubt. Would you have difficultyfollowing this rule?(11) Is there anyone who feels that a defendant should have to prove his innocence?(12) Every defendant in a criminal case has the absolute right not to testify, and if a defendantdecides not to testify, you cannot in any way hold that decision against him or considerhis decision not to testify in deciding whether the government has proven that he is guiltybeyond a reasonable doubt. Would the decision by a defendant not to testify cause you to

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