Jury Delibrations

Case 1:06-cr-00337-CC-JFK Document 222 Filed 03/09/2008 Page 1 of 15
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA :

: CRIMINAL ACTION
v. :
: NO. 1:06-CR-337-7-CC
ANDRE D. SMITH, M.D. :
GOVERNMENT'S SUPPLEMENTAL REQUEST FOR SPECIFIC VOIR DIRE

QUESTIONS
The Government hereby respectfully requests this Court place
the following questions, in addition to its usual questions, before
the jury panel upon voir dire:
INDIVIDUAL QUESTIONS
1. What is your name?
2. How old are you?
3. Where do you live?
o How long have any of you lived there?
o Where did you live before that?
4. Where do you work?
o What is your job title?
o Do you supervise other employees?
o How many?
o Do you have authority to hire and fire employees?
5. If you are retired or unemployed, what was your most recent
employment?
6. If you are a homemaker, have you ever been employed outside of
the home? If so, what did you do?
7. What is your educational background?
8. What is your marital status?
o If married, what is your spouse's occupation?
9. If your spouse is a homemaker, has he or she ever been
employed outside of the home?
o In what capacity?
10. Do you have any children?
o How many?
o What are their ages?
o If any of them are adults, where do they work?
11. Do you belong to any social or professional organizations?
o Do you hold any office?
12. What newspapers and magazines do you read regularly?
13. Do you watch any type of church services or religious programs
on television or listen to them on radio?
o Which ones?
o Have any of you ever contributed any money to a church,
a preacher, or any type of religious organization as a result of
watching that type of programming on television?
14. Do you listen to talk radio?
o What program(s)?
15. Do you belong to any social or professional organizations?
o Please identify the organization.

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o Do you hold any office in the organization?
GENERAL QUESTIONS
1. The attorneys who will be trying this case on behalf of the
United States are Randy Chartash and Lawrence Sommerfeld. Mr.
Chartash and Mr. Sommerfeld are both Assistant United States
Attorneys for the Northern District of Georgia.
o Do you know Mr. Chartash or Mr. Sommerfeld?
2. Do any of you know David E. Nahmias, the United States
Attorney for this District?
3. Do any of you know any of the other attorneys who work in the
United States Attorney's Office for the Northern District of
Georgia or any of the support staff or employees of that office?
4. Also seated next to the Assistant United States Attorneys is
Special Agent Bob Kuykendall of the United States Food and Drug
Administration.
o Do you know or have any of you ever met Special Agent
Kuykendall?
5. Have any of you or any member of your immediate family ever
been employed by the FDA or other law enforcement agency such as
the FBI or the IRS?
o Are you related to anyone who is employed by the FDA or
other law enforcement agency such as the FBI or the IRS?
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6. The FDA is the primary law enforcement agencies involved in
the investigation of this case. Do you have any opinions about the
FDA, or any other federal, state, or local law enforcement agency
that would affect your ability to render a fair and impartial
verdict in this case?
been employed by any other law enforcement agency, such as a police
department or sheriff's office?
o Who?
o Which agency?
o Job title?
o When?
8. Would you tend to believe or disbelieve the testimony of a
witness solely because that person is a police officer or federal
law enforcement agent?
9. Do you know or have any of you ever met the defendant in this
case, Andre Smith, M.D.?
10. Do you know any of the attorneys who are representing the
defendant in this case?
o Charles R. Floyd, Jr.
11. Please take a moment to look around the room. Do you know any
of the other members of the jury panel?
o Which ones?
o How do you know them?
12. Have any of you ever served on a trial jury?
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o Civil or criminal?
o Where?
o When?
o Were you able to reach a verdict?
13. Have any of you ever served on a Grand Jury?
o State or federal?
o Where?
o When?
14. Have any of you ever been charged with any type of crime other
than a minor traffic violation?
o What type of crime?
o Were you convicted?
o Would that experience affect your ability to render a
fair and impartial verdict in this case?
15. Has any member of your immediate family ever been charged with
any type of crime other than a minor traffic violation?
o What type of crime was it?
o Was that person convicted?
o Would that affect your ability to render a fair and
impartial verdict in this case?
been the victim of a crime?
o What type of crime was it?
o Was the person who committed the crime arrested and
prosecuted?
o Was that person convicted?
5
o Did you testify at the trial?
o Would that experience affect your ability to render a
fair and impartial verdict in this case?
17. Have any of you ever testified in court?
o What kind of case was it?
18. Have any of you ever testified in a deposition?
been a party to a lawsuit against any government agency, federal,
state, or local?
o Was the matter resolved to your satisfaction?
20. Have any of you ever served in the military?
o What branch?
o What was the highest rank you held?
o Did you receive an honorable discharge?
worked in a prosecutor's office, such as the United States
Attorney's Office or a District Attorney's Office?
o Who?
o Which office?
o Job title?
o When?
6
worked in any office specializing in criminal defense law?
o Who?
o Which office?
o Job title?
o When?
worked in any other type of law office or legal department?
o Who?
o Which office?
o Job title?
o When?
o What type of law?
attended law school?
o Who?
o Where?
o When?
o Did that person graduate?
o Did that person ever practice law?
been employed by the federal government?
o Who?
o Which agency?
o Job title?
o When?
7
filed a claim or a lawsuit against any government agency, federal,
state, or local?
o Was it resolved to your satisfaction?
o Would that experience tend to make you more sympathetic
toward the defendants in this case?
had any unpleasant experience with any a police officer or any law
enforcement agent?
o Who?
o Which agency?
o When?
o Do you have any feelings of sympathy toward a person who
has been charged with a crime, which would make it hard for you to
render a fair and impartial verdict in this case?
29. Do you have any moral, religious, or personal beliefs that
would make you reluctant to serve on a jury in a criminal case such
as this?
29. Do you have any moral, religious, or personal beliefs that
8
would cause you to refuse to vote to convict a person of a crime,
even if you felt that the evidence proved that person was guilty
beyond a reasonable doubt?
30. Do you feel, for whatever reason, that you would have
difficulty sitting in judgment of anyone who is accused of
committing a crime?
31. Do you have any beliefs concerning the constitutionality or
morality of the federal laws, including tax laws, which would make
it difficult for you to be fair to both sides in a case involving
the enforcement of those laws?
32. Have any of you ever been the victim of any type of fraud?
o When?
o What happened?
33. Have any of you ever filed a lawsuit against someone to
collect money damages because you were defrauded?
o Explain the circumstances.
34. Do you know anyone who has ever had any property seized by the
government?
35. Have any of you or any family member ever belonged to or
donated money to a group known as Prison Outreach?
36. Have any of you ever heard of the Fully Informed Jury
Association?
o Have any of you or any member of your immediate family
ever belonged to, or contributed time or money to, or worked on
9
behalf of the Fully Informed Jury Association?
o Do you agree with any of the positions espoused by the
Fully Informed Jury Association?
37. Do you have any problem with your hearing or sight or have any
other medical problem that might adversely affect your ability to
serve as a juror in this case?
38. Do you hold any personal, religious, or moral beliefs that
would make it difficult for you to serve on the jury in this case?
o Please explain.
39. At the close of the case, after all of the evidence has been
presented, the judge will instruct you on the law that you must
apply to the facts of this case. If your personal beliefs about
what you think the law should be differ from the judge's
instructions on what the law is, do you think that you would be
unable to put your personal beliefs aside and follow the judge's
instructions?
CASE SPECIFIC QUESTIONS
1. Are any of you, your close friends, or family a doctor,
pharmacist, or health care provider or have any of you ever been
employed by one?
2. Has anyone ever been employed by a firm or business
subject to close federal regulation, such as a pharmacy under the
Drug Enforcement Administration?
3. Are any of you, your close friends, or family a computer
programmer, website developer, or internet technology consultant,
10
or have you ever been employed by one?
4. Has anyone ever purchased goods or services over the
Internet? What did you purchase? When did you make the
purchase(s)? From what company(ies) or website(s)?
5. Has anyone ever purchased prescription drugs over the
Internet? What did you purchase? When did you make the
purchase(s)? From what company(ies) or website(s)?
6. Has anyone ever purchased prescription drugs from outside
of the United States for use in the United States? What did you
purchase? When did you make the purchase(s)? From where did you
make the purchase(s)?
7. Has anyone ever received "spam" or email advertising
prescription drugs for sale over the Internet?
8. Do you believe that a person should be required to
consult a doctor or other medical practitioner before being able to
purchase prescription drugs? If not, why not?
9. Has anyone ever been or had a close friend or family
member who has abused or has been addicted to controlled
substances?
10. Has anyone used or had a close friend or family member
who has used diet drugs?
11. Has anyone had any dealings with the any State Board of
Medicine?
12. Do any of you conscientiously disagree with the laws
which prohibit the sale, distribution and/or use of controlled
substances such as marijuana?
11
13. Does anyone have any conscientious objection, religious
or philosophical beliefs, or mental reservation such that you
could not, in good faith, sit as a juror in a criminal case and
return a verdict of guilty, if you believe from all of the
evidence, that the government has proved its case beyond a
reasonable doubt?
14. Have any of you ever been the victim of, witness to, or
accused of committing, a crime? [Follow up individually with
prospective jurors.]
a. If so, what was that experience?
b. Would that experience make it difficult for you to
render a fair and impartial verdict in this case?
c. If you were charged with a criminal offense, do
you feel you were treated fairly? What was the
charge?
15. Is there anyone who has had any dealing whatsoever with
the United States government in which you feel that the
government did not give you fair treatment? If so, please
explain briefly.
16. Is there anyone who has ever been a juror before? If
yes, where, when, and in what type of case (civil or criminal)?
If yes, did the jury reach a verdict? Did the case involve any
expert medical testimony?
17. Is there anyone who would be more or less likely to
believe the testimony of a doctor than that of any other witness
simply because the witness is a doctor?
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18. Is there anyone who would be more or less likely to
believe the testimony of a law enforcement officer than that of
any other witness simply because the witness is a doctor?
19. Is there anyone who is, or has been, or has a close
friend or family member, who is a member of any law enforcement
agency? If yes, explain the relationship and law enforcement
agency involved.
20. If the Court is going to inquire whether the members of
the panel know any of the Government's witnesses, the Government
requests that the Court inquire whether the members of the panel
know any of the defendant's witnesses.
Respectfully submitted,
DAVID E. NAHMIAS
UNITED STATES ATTORNEY
/s/RANDY S. CHARTASH
ASSISTANT UNITED STATES ATTORNEY
Randy.Chartash@usdoj.gov
Georgia Bar No. 171740
/s/LAWRENCE R. SOMMERFELD
Lawrence.Sommerfeld@usdoj.gov
600 U.S. Courthouse
75 Spring St., S.W.
Atlanta, GA 30303
Telephone (404)581-6000
13
Facsimile (404)581-6181
14
CERTIFICATE OF SERVICE
This is to certify that on the date listed below I filed
this document with the Court’s CM/ECF system, which automatically
serves the following counsel electronically:
Charles Rogers Floyd, Jr.

Counsel for Defendant Andre D. Smith, M.D.
crf_floydlawofc@bellsouth.net
This 9th day of March, 2008.
/s/RANDY S. CHARTASH
Randy.Chartash@usdoj.gov

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Case 1:06-cr-00337-CC-JFK Document 222 Filed 03/09/2008 Page 1 of 15

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

UNITED STATES OF AMERICA :

GOVERNMENT'S SUPPLEMENTAL REQUEST FOR SPECIFIC VOIR DIRE

The Government hereby respectfully requests this Court place

the following questions, in addition to its usual questions, before

the jury panel upon voir dire:

1. What is your name?

2. How old are you?

3. Where do you live?

o How long have any of you lived there?

o Where did you live before that?

4. Where do you work?

o What is your job title?

o Do you supervise other employees?

o Do you have authority to hire and fire employees?

5. If you are retired or unemployed, what was your most recent

6. If you are a homemaker, have you ever been employed outside of

the home? If so, what did you do?

7. What is your educational background?

8. What is your marital status?

o If married, what is your spouse's occupation?

9. If your spouse is a homemaker, has he or she ever been

employed outside of the home?

10. Do you have any children?

o What are their ages?

o If any of them are adults, where do they work?

11. Do you belong to any social or professional organizations?

o Do you hold any office?

12. What newspapers and magazines do you read regularly?

13. Do you watch any type of church services or religious programs

on television or listen to them on radio?

o Have any of you ever contributed any money to a church,

a preacher, or any type of religious organization as a result of

watching that type of programming on television?

14. Do you listen to talk radio?

15. Do you belong to any social or professional organizations?

o Please identify the organization.

o Do you hold any office in the organization?

1. The attorneys who will be trying this case on behalf of the

United States are Randy Chartash and Lawrence Sommerfeld. Mr.

Chartash and Mr. Sommerfeld are both Assistant United States

Attorneys for the Northern District of Georgia.

o Do you know Mr. Chartash or Mr. Sommerfeld?

2. Do any of you know David E. Nahmias, the United States

Attorney for this District?

United States Attorney's Office for the Northern District of

Georgia or any of the support staff or employees of that office?

4. Also seated next to the Assistant United States Attorneys is

o Do you know or have any of you ever met Special Agent

5. Have any of you or any member of your immediate family ever

been employed by the FDA or other law enforcement agency such as

the FBI or the IRS?

o Are you related to anyone who is employed by the FDA or

other law enforcement agency such as the FBI or the IRS?

6. The FDA is the primary law enforcement agencies involved in

FDA, or any other federal, state, or local law enforcement agency

that would affect your ability to render a fair and impartial

verdict in this case?

7. Have any of you or any member of your immediate family ever

been employed by any other law enforcement agency, such as a police

department or sheriff's office?

8. Would you tend to believe or disbelieve the testimony of a