Thursday, April 5, 2018

El Chapo Case: Proposed Joint Jury Questionnaire

by Chivis Martinez for Borderland Beat

Below is the joint, proposed, questionnaire, that pending court approval, will be used to select a jury in Joaquin Guzman’s case.  It is anticipated that the judge will have at least 650 potential jurors completing this questionnaire in mid-August.

From that number, the parties will strike many for cause (prejudice, inability to serve, etc.).

The remaining individuals will be called beginning September 5 for final jury selection.

Judge Brian Cogan estimates the trial to last 12 weeks.


Aside from questions personal in nature, many questions center on exposure to crime cases in general and specifically on the El Chapo Case, and any potential prejudices that may exist.  I have pulled 18 questions from the 120 for your perusal.  To review all questions refer to the Scribd document below.

Blog questions:

37. Have you ever called in to a radio talk show, written a letter to the editor, participated in any web-blogs or chat rooms on the internet or posted a comment on-line?
 (a) If YES, what type:
[ ] Radio Caller [ ] Editorial
[ ] Blog/Chat Room [ ] Posted Comment
(b) If YES, what topics have you addressed?

41. Do you watch any television programs or read any books about crime, including shows about drug trafficking or drug cartels, the criminal justice system or correctional institutions (e.g., jails, prisons or penitentiaries)? [ ] YES [ ] NO If YES, please list them:
42. As a general rule, do you follow crime stories in the media?

If YES, what case(s) have you followed and what was your interest?

43. What are your favorite Internet sites, blogs or social media sites?

44. Do you have your own online blog or do you contribute to any blog sites? [ ] YES [ ] NO If YES, without listing names or identifying the blog, please explain the nature of the blog:

46. How often do you tweet, blog, or post comments on the Internet?

[ ] Every day [ ] Almost every day [ ] Several times a week [ ] Several times a month [ ] Never

Miscellaneous questions:

47. Please list any stickers, placards, signs, patches, symbols, and other messages that you display at home or on an automobile, motorcycle, bicycle, bag, backpack, laptop computer, etc.

58. Are you familiar with Jesus Malverde?

60. Do you have any specific views or feelings concerning the legalization of drugs, such as cocaine, heroin, methamphetamine and marijuana, in this country?

70. Have you or anyone close to you ever had a particularly positive or negative experience involving the police or any law enforcement agency?

78. Have you or a close friend or family member ever been in prison?

80. Have you, a family member or close friend ever had any experience with drug organization activity?

[ ] YES (self) [ ] YES (friends/family) [ ] NO
If YES, without listing names, please explain:

86. Do you, anyone in your household or a close friend own any guns?

If yes, please state your relationship to that person (please do not list any names, but rather respond, for example, “wife,” “friend”), how many and what type(s) of firearm(s).

Police witnesses:

89. Do you believe that police or law enforcement officers are more likely to tell the truth than other witnesses?

90. Do you believe that police or law enforcement officers are more likely to lie than other witnesses?

Cooperating Witnesses:

91. Some government witnesses may testify that they participated in serious crimes, including drug trafficking offenses and violent crimes. These witnesses, who may be referred to during trial as “cooperating witnesses,” may have criminal histories, may have pleaded guilty to crimes and may be testifying pursuant to agreements with the government in hopes that their own sentences will be reduced. Use of these witnesses is lawful.

(a) The testimony of any witness who may have an interest in the outcome of the case including – among other types of witnesses – a cooperating witness, should be carefully scrutinized. Would you be able and willing to fairly and impartially assess the testimony of such a witness, in accordance with the Court’s instructions?

(b) Do you have feelings about a witness seeking a reduced sentence by cooperating that would make it difficult for you fairly and impartially to consider that testimony or render a guilty verdict based on the testimony of such witness?

Electronic surveillance:

92. The law provides that the government can, once it demonstrates probable cause to believe that a crime has been or will be committed, obtain authorization from a court to intercept someone’s emails, text messages, telephone calls and VOIP (voice over internet protocol) calls. Do you have any particular feelings about this law that would affect your ability to evaluate the evidence fairly and impartially?

(c) It is the law that the testimony of a single witness, including a cooperating witness, can be sufficient to convict a defendant of a charged crime, if the jury finds that the testimony of that witness established proof beyond a reasonable doubt. Do you have any opinion or belief about the law or cooperating witnesses that would prevent you from applying this rule of law?

Race:

101. Do you have any personal views toward people of Mexican descent that would cause you to doubt your ability to be a fair and impartial juror? (Note: If you would like to discuss or answer this question in a more private setting, please write “private” next this question.)

Organizations:

106. Please review the list of names and organizations on the following pages, and then answer this question: Are you familiar with any of the individuals or organizations named on the list?

[Note:  The list was not attached to the document, I am attempting to acquire a copy,  if  the list  is now completed I will add] 

To review the complete 120 questions, see the Scribd document below.

Accompanying letter to Judge Cogan pertaining to disagreements in introductory language, the document was publicly filed by the government in an joint submission to the judge:


Dear Judge Cogan:

The government and the defendant respectfully submit the attached joint proposed jury questionnaire, pursuant to the Court’s instructions at the status conference on February 15, 2018, and the Court’s order on March 26, 2018. See Dkt. No. 206. The parties have conferred and agree with respect to all of the questions included in the parties’ proposed jury questionnaire (attached hereto as Exhibit A). The parties disagree, however, with regard to the proposed jury questionnaire’s introductory language. To identify the language over which the parties disagree, the government’s proposed language is highlighted in yellow and the defense’s proposed language is highlighted in blue.
Signed and submitted by:

COUNSEL FOR DEFENDANT
RICHARD P. DONOGHUE
A. Eduardo Balarezo, Esq.
UNITED STATES ATTORNEY
William Purpura, Esq.
Eastern District of New York
271 Cadman Plaza East
Brooklyn, New York 11201
ARTHUR G. WYATT, CHIEF
Narcotic and Dangerous Drug Section
Criminal Division,
U.S. Department of Justice
OF COUNSEL:
BENJAMIN J. GREENBERG
UNITED STATES ATTORNEY
Southern District of Florida


30 comments:

  1. People forget this man is just like anybody else brave like all sinaloa guys yes made de wrong choices but at the end his human his a victim of his environment where government has those people in sinaloa with no himanitary help stealing the funds destiny to them towns so their bravery and big b@lls they are born with is use to join cartels in Sinaloa
    La Salvadorena

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    Replies
    1. Brave?? in the mafia getting captured is not brave he and el cholo got captured without them shooting at all they left there men to die just to get caught. brave is like Beltran or Ramón from caf or even el m1 where they stood there ground

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    2. @11:05 If he'd gone that way the first time he wouldn't had escaped the 2 times, as long as their is life their is hope but he might be regretting that now if you ask me

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    3. 2:35 a este ya se le acabo el corrido. Ya no va a hacer nada . Si misma gente lo puso y no por que querian sino de ahuevo. No gano nada más que puros gruperos y aqui en B.B. ay un chingo.

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    4. No need for cheerleaders in this business we have a saying. Prefiero una tumba en Mexico que una celda en USA. El chapo en sus tiempos era valiente pero con la muerte de su hijo y la viejez que ya lo alcanso eso de valiente se le paso. De joven muchos no miramos mas aya del dia en el que estamos de Viejo uno sabe que ay mas que el dia de hoy no es q pierde el viejo la valentia si no que uno de viejo es un poco mas cuidadoso con los suyos y lo suyo. Saludos al la raza de La Luz y Palmyra Coahuila desde Chiapas un saludo.

      Delete
    5. 11:26 here, here,
      there are here a few gruperras too,
      --pro and contra anti-Chapas.
      What nobody can deny is that Nacho Coronel, La Chapa, and El Mayate had more better cheaper peace wherever they operated and until the Golfas got penetrated by the Mexican Army and their GAFES POSing as polesais federalescalling themselves zetas...even the Mexican government can't deny that FACT,
      all they can do is "esplain it all a lot" for their excuse.
      But of course, the newcomers had their chance, CJNG JALISKAS.

      Delete
  2. Is he the one who told mencho you have my son I have yours F*ck michoacan puro Sinaloa ? And his sons got left free wondering cause I'm not from mexMex

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    1. I believe your facts are a lil blurred and biased towards corridos. This is the guy who kidnapped (beat down kids in surveillance video) Told Chapo, Mayo, and RCQ. Hey you gonna pay me "X" amount per load, and give up your nalgas in Jail, or your lil kids gonna be squeeling like lil rat jr's. I think Mencho won sinve he's still in power and they didnt kill him. Sonim gonna go out on a limb and say Mench-1, Chapo-0

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  3. Some DEA agents catalog this foo bigger than pablo escobar that is crazy his now in a cage mencho is a nobody compare to Amado Carrillo and chapo

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    Replies
    1. Same DEA that catalog's mencho as the most powerful/Richest cartel leader and as the guy who took over Mexico in 1/8th of the time it took Chapo. That DEA!
      But nor Chapo, nor Mencho, nor any Mexican has got 1/8 of the power or wealth Escobar ever had!

      Delete
    2. 8:40 no, pos si se la mediste, you win, boy.

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    3. 8:40 got them!

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    4. Chapo faught head on with cartels that still had power. Mencho is invading states were organizations are in disarray. Different time periods even tho it's by a few years

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    5. @1:00pm Chapo snitched on rivals and had the millitary fight for him, if you consider dropping a dime on rivals head on, then you're correct. Its ok to ba a fan of Chapo but be honest at the same time with yourself!

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    6. The second most richest was amado Carrillo after pablo still you mencho no le llega a un sinaloense y el chapo en los cinco continentes no pos wow la mencha no es nada

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    7. 2:42pm, as a wise man once said "If you aint 1st, you're last" you said it "was" second because sinaloensss were pablos errand boys, as is all mexican cartels to colombia to this day... But for now even if its for a short time a Michoacano Is #1, incluyendo todos los sinaloenses!!!

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    8. Add and cjng now have plazas in Colombia, just look it up. The truth is nobody knows how much money Escobar or Mencho make but they sure make alo t on that game.

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    9. 1:27 ...and you was there in the chamberpot under the bed while "El Chapo" (wuuuh!) negotiated your stink with the mexican't army, yes hell yeah...

      Delete
  4. So now we all know how 2 get out of jury duty folks. Just say the shit that they don’t want 2 hear. Because the meager pay they give is absurd. And in today’s hustle and bustle of our lives no one wants 2 miss a day of work. That and the fact that your well-being depends on it. - Sol Prendido

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  5. Not even my grandma could be a jury...she watches all the narcoseries...who will they choose???

    ReplyDelete
    Replies
    1. 9:20 Ese es su pinchi pedo.
      Eso se sacan por andar ahi de calientes.
      But I think the prostiturers are planting the seeds for dismissal or mistrial or a short sentence to fit "el shorty".
      Make sure this shit doesn't hit the papers, many parnas IN the US government have a lot to lose,
      --then La Chapa gets to be born again an evangelista mercenary doing his time at home, LOL...

      Delete
  6. Since Chapo is in court being prosecuted we can celebrate that the flow of drugs has stopped (or at least abated), right? No?

    With Chapo being a loser and us apparently not being the winners (because today there are more, stronger and cheaper drugs than ever on our streets) are there any winners from Chapo being in jail?

    The winners from the jailing of Chapo are the usual suspects when it comes to the WOD.

    The only winners in the WOD are those making careers and being showered with tax money thanks to it. That means the DEA, the FBI, the attorneys, the judges, the polisia etc.

    EVERYBODY else is a loser in this never-ending farce called the WOD!

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  7. Oh God, if I get selected as a juror great, but they want to know if I read blogs, I like to be informed and read Border Beat.... will I be disquified?????

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  8. Better call Sal.

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  9. They'll struggle for jurors of that's their criteria lol!

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  10. IF O.J. SIMPSON COULD AFFORD A DREAM TEAM SO COULD CHAPO.

    ReplyDelete
    Replies
    1. 11:46 OJ had "liability nsurance", Le Chapa ain't got none
      --OJ even trained his killing moves for a movie deal with knives and shit, with experts in martial arts. and had a team expert in unabashedly lying in court,
      --La Chapa did not even wear bloody gloves and his secret US parnas are ashamed of themselves and fearful for their arses.
      Moreiver, their MO is imprison their biggest mafioso parnas and keep them safely incommunicado until they die, like Fat Tony Salerno, and John Gotta and Sammy the Bull, well he is not dead, he just kept silent...for 20 more years, set up in Arizona home of the New American Mafia and the Newly retired old new mafia of apache sheriff arpaio, a former racist DEA supervisor made a pardoned convicted criminal who now wants to be a Federal US Senator...pardon El Chapo now, he been a Goodfella.

      Delete
  11. Chapo now left in prison and forgotten, no family can even go see them because they will be captured except for Emma and the twins. Mencho now took his spot as the most feared capo in Mexico

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    Replies
    1. 8:41 Pos ya train de la cola a La Mencha, también.
      Ya nomás le falta que le metan toda la manota por atrás como al cochino encebado... Eso se saca por andar ahi de caliente.
      O qué, tu por el?

      Delete

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