Court filing
Proposed Voir Dire by USA as to Casey David Crowther — USA v. Crowther (Dkt. 90, M.D. Fla. No. 2:20-mj-01094, docketed in No. 2:20-cr-00114)
Filed March 15, 2021 in USA v. Crowther; one of 318 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2021-03-15 |
U.S. District Court for the Middle District of Florida · No. 2:20-cr-00114 · Doc. 90 · 2021-03-15 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA
v.
CASE NO. 2:20-cr-114-JES-MRM
CASEY DAVID CROWTHER
GOVERNMENT'S REQUESTED VOIR DIRE
The United States of America hereby requests the Court to ask the following
questions of the jury panel during jury selection.
Respectfully submitted,
KARIN HOPPMANN
Acting United States Attorney
By:
/s/ Michael V. Leeman
Michael V. Leeman
Assistant United States Attorney
Florida Bar No. 0084422
2110 First Street, Suite 3-137
Fort Myers, Florida 33901
Telephone: (239) 461-2200
Facsimile:
(239) 461-2219
E-mail: Michael.leeman@usdoj.gov
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 1 of 17 PageID 405
2
U.S. v. Casey David Crowther
Case No. 2:20-cr-114-JLB-MRM
CERTIFICATE OF SERVICE
I hereby certify that on March 15, 2021, I electronically filed the foregoing
with the Clerk of the Court by using the CM/ECF system which will send a notice of
electronic filing to the following:
Nicole Hughes Wade
Nicole.waid@fisherbroyles.com
Brian Dickerson
Brian.dickerson@fisherbroyles.com
/s/ Michael V. Leeman
Michael V. Leeman
Assistant United States Attorney
Florida Bar No. 0084422
2110 First Street, Suite 3-137
Fort Myers, Florida 33901
Telephone: (239) 461-2200
Facsimile:
(239) 461-2219
E-mail: Michael.leeman@usdoj.gov
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 2 of 17 PageID 406
1
GOVERNMENT'S REQUESTED VOIR DIRE NO. 1
Please state your full name.
What is your occupation? If you are retired or not currently working, please
state what your last employment was.
Are you married?
Is your spouse employed? If so, what type of work does he or she do?
Do you have any children of working age?
If so, how many and what type of work do they do?
Do you, your spouse, or your children own any of the businesses you
mentioned?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 3 of 17 PageID 407
2
GOVERNMENT'S REQUESTED VOIR DIRE NO. 2
Have you ever served on a jury before, either in state court or in federal court?
If so, when did you serve? Where?
What type of case did you sit as a juror in?
Did the jury on which you served reach a verdict?
Was there anything about that experience you had as a juror which could, in
any way, affect your ability to sit as a fair and impartial juror in this type of case and
concerning these types of charges?
If you previously sat as a juror in a case, the law which you may have been
told in that case may be different from the law that would relate to these criminal
charges. Can you assure the Court and both counsel that you will obey and follow
the law as I instruct you, even if it is contrary to what you might have been told in
the case(s) on which you previously sat as a juror?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 4 of 17 PageID 408
3
GOVERNMENT'S REQUESTED VOIR DIRE NO. 3
Do you have any member of your family, close friend, or acquaintance who is
involved in law enforcement, including state or federal police officers, sheriff's
deputies, law enforcement agents, the United States Secret Service, the FBI, DEA,
IRS, or any state or other federal law enforcement agency?
If so, who do you know? What does that person do? What is the nature of
your relationship to that person?
Could the fact that you have such a friend or relative in any way affect your
ability to be a fair and impartial juror sitting in a criminal case and evaluating the
testimony of law enforcement officers?
Does any member of the jury panel have any matter pending before the
United States Attorney's Office or the United States Department of Justice in this
district or any other district in which you are involved as a party, witness, or subject
of some legal action?
If so, please explain what type of matter it is and what your involvement in it
is.
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 5 of 17 PageID 409
4
GOVERNMENT'S REQUESTED VOIR DIRE NO. 4
Have you, any member of your family, or close friend, ever been the victim of
a crime?
If so, what happened?
When did this happen?
Was anyone charged or prosecuted as a result of that, to your knowledge?
If so, did you have to speak to police, appear in court, or give testimony in
that regard?
Is there anything in that experience which could in any way possibly affect
your ability to render a verdict in a criminal case which would be fair and impartial
both to the defendant and to the United States?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 6 of 17 PageID 410
5
GOVERNMENT'S REQUESTED VOIR DIRE NO. 5
Has any member of the jury panel ever served as a grand juror, either in state
or federal court?
If so, when and where?
Is there anything in that experience which could in any way possibly affect
your ability to render a verdict in this type of criminal case which would be fair and
impartial both to the defendant and to the United States?
The law with respect to the burden of proof in grand jury proceedings is
different from the law that would relate to these charges. Can you assure the Court
and both counsel that you will obey and follow the law as I instruct you, even if it is
contrary to what you might have been told in the case(s) on which you previously sat
as a grand juror?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 7 of 17 PageID 411
6
GOVERNMENT'S REQUESTED VOIR DIRE NO. 6
Has any member of the jury panel, or any family member, relative, or close
personal friend or acquaintance of yours, ever been investigated by any federal, state,
or local law enforcement agency?
If so, what was the subject of the investigation? What was the outcome of the
matter?
Have you or any family member, relative, or close friend ever been arrested,
charged, or convicted of any crime?
If so, what was the crime? What was the outcome of the case?
Would this experience in any way cause you to be unable to evaluate fairly
and impartially the evidence and testimony of the witnesses who will testify on
behalf of the United States?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 8 of 17 PageID 412
7
GOVERNMENT'S REQUESTED VOIR DIRE NO. 7
Has anyone ever been a witness in any type of court or judicial proceeding?
If so, what type of proceeding did you give testimony in? Were you subject to
cross-examination by attorneys for either side in that case or proceeding?
If your answer to any of these questions was yes, do you feel that your
experience as a witness could in any way affect your ability to fairly and impartially
evaluate the testimony of the witnesses who will testify in this case?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 9 of 17 PageID 413
8
GOVERNMENT'S REQUESTED VOIR DIRE NO. 8
Has any member of the jury panel ever been employed by a bank, mortgage
lender, or mortgage broker in any capacity?
Is there anything in the experience which you went through with respect to
being employed in by one of those types of jobs which could in any way affect your
ability to be a fair and impartial juror with respect to charges relating bank fraud,
false statements to a financial institution, or money laundering?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 10 of 17 PageID 414
9
GOVERNMENT'S REQUESTED VOIR DIRE NO. 9
Has any member of the jury, your family, or employer, ever applied for or
received a loan or benefit that was provided or guaranteed by the United States Small
Business Administration on behalf of a business, including loans guaranteed by the
SBA under Paycheck Protection Program (PPP program)?
Is there anything in the experience which you went through, or heard about,
which could in any way affect your ability to be a fair and impartial juror with
respect to charges relating to the alleged fraudulent activity in obtaining federally
guaranteed loan?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 11 of 17 PageID 415
10
GOVERNMENT'S REQUESTED VOIR DIRE NO. 10
Has any member of the jury ever banked with Sanibel Captiva Community
Bank or Angel Oak Mortgage Solutions, LLC.?
Is there anything in your experience with either of those two entities which
could in any way affect your ability to be a fair and impartial juror with respect to
charges in which those two entities are alleged victims of a crime?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 12 of 17 PageID 416
11
GOVERNMENT'S REQUESTED VOIR DIRE NO. 11
The attorneys for the United States have advised me that in this case, that a
financial institution allegedly loaned money as the result of the actions of the
defendant, but that the money may be guaranteed by the federal government such
that the bank is made whole in the future.
Does any member of the jury panel feel that you might in any way treat the
allegations of criminal conduct in a case such as this as less serious or less important
because of the fact that any loss to the financial institution might later be repaid by
the federal government?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 13 of 17 PageID 417
12
GOVERNMENT'S REQUESTED VOIR DIRE NO. 12
Does any member of the jury panel have any strong feelings or opinions
concerning the United States government or, more specifically, the United States
Small Business Administration or the United States Secret Service, which might in
any way affect your ability to be a fair and impartial juror in a case such as this?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 14 of 17 PageID 418
13
GOVERNMENT'S REQUESTED VOIR DIRE NO. 13
Has any member of the jury panel done business with the company Target
Roofing and Sheet Metal, Inc.?
Is there anything in your experience with this company which could in any
way affect your ability to be a fair and impartial juror with respect to charges in
which Target Roofing and Sheet Metal, Inc. received a federally guaranteed loan?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 15 of 17 PageID 419
14
GOVERNMENT'S REQUESTED VOIR DIRE NO. 14
The defendant is on trial for his actions as alleged in the indictment. No
other person is on trial in this case.
Can you decide this case based upon the evidence offered and not allow your
verdict to be affected by any evidence about any other person mentioned during the
course of the trial or by your opinions about any of those other persons' actions?
To put it another way, can you promise the Court and counsel that you will
not permit opinions you might have from the testimony and evidence you will hear
as to what other persons did or did not do to alter or affect your verdict as to the
actions and conduct of the defendant himself?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 16 of 17 PageID 420
15
GOVERNMENT'S REQUESTED VOIR DIRE NO. 15
Do any among you have any conscientious objection, religious belief, or other
mental reservation such that you could not, in good faith and in good conscience, sit
as a juror in this criminal case and return a verdict of guilty if you believed from all
the evidence that the United States has proved its case beyond a reasonable doubt?
To put it another way, is there anyone here who feels that for any moral or
religious reasons that he or she cannot sit in judgment of another human being?
Do any among you feel that you would be unable to follow the Court's
instruction that in reaching your verdict in this case, you must not be influenced in
any way by either sympathy or prejudice for or against either the defendant or the
United States?
Case 2:20-cr-00114-JES-M_M Document 90 Filed 03/15/21 Page 17 of 17 PageID 421File and source
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