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11.27.2006

TS - Attorneys have a few questions for potential jurors

Attorneys have a few questions for potential jurors
By Kimberly Wear The Times-Standard
Wednesday, May 25, 2005 - 6:14:09 AM PST

EUREKA -- The first wave of potential jurors in the grand jury accusation case against Fortuna City Councilwoman Debi August are reporting for duty today and will find themselves with a few small assignments.
First, they'll be asked about their ability to serve on what could potentially be a four- or five-week-long trial. After that, they'll fill out a 13-page questionnaire with 35 queries, which attorneys and the judge hammered out on Tuesday.

The questions range from whether possible jurors participated in a Times-Standard poll on the case to whether they know any of the potential witnesses to whether they volunteered, worked or contributed in any campaign for or against District Attorney Paul Gallegos or August.

Jurors will also be gauged on their opinions of prosecutor Tim Stoen and defense attorneys William Bragg and Greg Rael. Those questions include whether they formed any opinion regarding their defense or prosecution of the case, whether they know the attorneys or any members of their workplaces, if they have watched or read news stories involving the attorneys, and, if they have, what did they read or hear and did they form an opinion.

Bragg said he didn't see the attorney questions as relevant. Stoen said he thought differently.

"I'm not happy to have to bring this up, obviously," Stoen said. "I'm a highly controversial person for a number of reasons."

Judge John Feeney said he expects the trial will end around July 1, although court will not be in session every day and, when it is, only until noon.

"I think it might take as long to pick a jury as it will to present evidence," he said.

Feeney asked the District Attorney's Office to prepare 100 copies of the questionnaire for the jury pool.

August, a real estate broker, has been accused by the grand jury of having a conflict of interest when she advocated on behalf of a friend's subdivision. She faces removal from office for the remainder of her term, which ends in April 2006.

Bragg objected to a written questionnaire, saying it will cause a time delay and many of the issues could be raised during voir dire -- the process when attorneys personally question potential jurors. That is expected to begin late next week.

Feeney said due to extensive media coverage he believed the questionnaire was necessary, and while it may seem lengthy at the onset, it will help move the process along in the end.

Other questions include:

* "Do you or any member of your family work for any local media, including the Times-Standard, Humboldt Beacon, North Coast Journal, television Channel 3 or any other media organization?"

* "Do you know the defendant, any of her relatives, or any of her close friends?"

* "Do you have any religious, philosophical, political, or other personal principle that would make it difficult or impossible for you to serve as a juror in a case such as this one?"

* "Have you, or any member of your family, or close personal friend, ever held a government office or position, whether elected or appointed?"

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