Potential Jurors in Mehserle Murder Trial Questioned on Oakland, Race, Tasers, Police, and BART

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES

THE PEOPLE OF THE STATE OF
CALIFORNIA,
Plaintiff,
vs.
JOHANNES MEHSERLE,
Defendant.

Case No. 161210
JUROR QUESTIONNAIRE

This questionnaire is part of the jury selection. process. Answer all questions
completely and truthfully. Do not discuss the questionnaire with anyone. Please use a
pen and do not write on the backs of pages. The original questionnaire will be kept by
the Court.

The questionnaires are part of the public record of the case. Your name will not
be disclosed as part of the public record. If there is a matter you do not wish to discuss
in open court, mark the question "private" and the attorneys and the Court will speak to
you about the matter at a private hearing.

Please remember your responses are under oath and must be truthful. Thank
you for serving as a juror.

I, _______________, declare under penalty of perjury under the laws of the State
(print name)
of California that the answers given in this questionnaire are true and correct.
Date: ___________________________ (signature)

JUROR NUMBER: _______________________

Phone numbers where the Court can reach you (these will be kept confidential):
Home: _________ Work: _________ Cell: _____________________________

Return the completed questionnaire to the clerk or bailiff. If an emergency arises and
you are unable to return on the next scheduled court date, please can 213-974-5394.

GENERAL INFORMATION

1. Juror Number __ Age __ Sex Race ________________________

2. Birthplace Where were you raised? _____________________

3. Single _ Married _ Divorced _ Separated_ Widowed _ living with another__________________

4. City or area of residence (not actual address) __________________

5. Years there? __ Own or rent? _____ How long in California? ________________________

7. Have you, friends, or relatives ever lived in Oakland, California? _ If yes, explain

8. Why did you move to your neighborhood?____________________________

9. What do you like best about your neighborhood? __________________

10. What do you like least about your neighborhood? __________________

EMPLOYMENT

11. What is your current employment status? __________________

12. If you are employed outside the home:
a. your present employer___________________________________
b.Your job title and duties _________________________________
c. How long have you had this job? ____________________________
d. Do you supervise other employees? __ Do you fire or discipline? ____________________________

13. Other jobs you have held _______________________

14. If retired or disabled, what was your occupation? __________________

15. Have you ever owned your own business?_ If yes, explain __________________

HOUSEHOLD

16. Occupation and employer of your spouse or companion __________________

17. Do you have children? _ If yes, please state the age, sex, and occupation for
each child ___________________________________

18. How many persons live with you? ___________________

19. For other adult members of your household, please state their relationship to you
and their occupatlons_____________________________________

EDUCATION

20. High School: Where did you attend? ____________________________
Did you graduate? _ When: __________________
College: Name of school____ When __________________
Major Degree(s) _____________________________
Postgraduate: Name of school ____ When __________________
Field of study Degree(s) ____________________

21. Professional or vocational training __________________

22. Have you received training in law enforcement, the law, or the court system?
If yes, please explain ___________________

23. Do you plan to attend school in the future?_, If yes, explain __________________

24. Haveyou had training or education in psychology, psychiatry or counseling? __
If yes, explain ________________________________________

25. What is the education of your spouse or significant other? ____________________

MILITARY SERVICE

26. Have you ever served in the military? _ If yes, explain __________________________
Your rank and duties __________ Combat experience? ___________________
Were you ever in the military police? _ If yes, explain __________________________

POLITICAL, RELIGIOUS AND OTHER AFFILIATIONS

27. Are you registered to vote? ___________________

28. Are you involved or active in a political party or politics in general? ___________________
If yes, explain __________________________________________

29. Are you a religious person? __ How often do you attend services? __________________

30. How important is religion in your life? _________________________________

31. Will your religious principles affect your ability to serve as a juror? _ If yes,
explain ___________________________________________

32. Please list all civic, political, fraternal or charitable organizations with which you are
affiliated _____________________________________________________

33. Have you or anyone close to you ever participated in any crime prevention, victims'
rights or civil rights groups or organizations? ___________________ If yes, please explain__________________

35. Have you ever belonged to or contributed money to any of the following or similar
special interest organizations?
_ Amnesty International
_ American Civil Liberties Union
_ Handgun Control, Incorporated
_ National Rifle Association
_ NAACP
Other ________________________

MISCELLANEOUS

36. What newspapers, web cites, periodicals or magazines do you read on a regular
basis? _________________________

37. What television and radio programs do you watch or listen to regularly?

38. What types of books do you read? _________________________

39. List any subject matter or genre in reading materials, television programs or movies
that you try to avoid __________________

40. How often do you watch television shows involving the police, crime, or justice?
_ Almost never _ Occasionally _ Very often

41. How often do you follow the news on crime on the radio, TV, internet or
newspapers? _ Almost never _ Occasionally _ Very often

42. Please identify the most important sources of news for you:
_ Newspaper _ TV _ Radio _ Internet _ Magazines _ Friends/Family

43. Have you written a letter to an editor? _ If yes, what was it about __________________

44. What hobbies/activities do you enjoy in your spare time, either now or in the past?

45. Do you consider yourself an expert on any subject? __________________ If yes, explain _________________________

PRE-TRIAL PUBLICITY

On January 1, 2009, defendant Johannes Mehserle shot and killed Oscar Grant in
Oakland, California. At the time, the defendant was working as a police officer for
BART (Bay Area Rapid Transit). The incident occurred on a BART train platform. Mr.
Merserle is charged with murder. He has pleaded not guilty.

46. Have you heard, read or seen any information relating to these events? ___________________
If yes. please tell us what this information is, and the source. __________________

47. Have you formed any impressions or opinions that would influence your
ability to be fair to both sides in this case? _ If yes, please explain __________________

48. If you have formed impressions or opinions about this case, can you set them aside
and decide the case based solely on the evidence presented in court? ___________________
If no, please explain __________________

49. Have you seen, heard, or read anything about the Oakland Police Department or
the City of Oakland's response to this case? _ If yes, explain __________________

50. Please describe the extent to which you are familiar with the area of the Fruitvale
BART station in Oakland, California ___________________________________

BART (BAY AREA RAPID TRANSIT)

51. BART is a rapid transit system that serves the entire San Francisco Bay Area. It
connects San Francisco with cities in the East Bay and suburbs in northern San
Mateo County. Are you familiar with this transit system?__________________ If yes, explain
________________________

52. Have you ever ridden on this transit system? _ If yes, when and how often? ____

53. Do you or does anyone close to you know anyone who works for BART or the
BART Police Department? _ If yes, explain __________________

CRIMINAL JUSTICE SYSTEM

54. Have you, friends, or relatives ever worked for any law enforcement agency,
including a police department, a sheriff's office, a border patrol agency, the FBI, the
CIA, any government security agency, etc.? _ If yes, please state who, when,
and what agency ____________________

55. Have you ever considered working in law enforcement?
If yes, explain ________________________________

56. Have you or a close friend or family member ever been employed in a private
security job (e.q., as a security guard)? _ If yes, explain _________________________

57. Have you, friends, or relatives ever been employed by any prosecutor's office or
any Attorney General's Office? _ If yes, explain __________________

CRIME VICTIMS/CHARGES

58. Have you or anyone close to you ever been the victim of a crime or witness to a
crime? _ If yes, explain. If you contacted the police. were you satisfied with the
police response? __________________

59. Have you, friends or relatives ever been shot, or shot at?__________________ If yes, explain ___________________________________________

60. Have you, friends, or relatives ever had a gun pointed at you or them, or been
frightened by a gun? _ If yes, explain __________________

61. Have you or anyone close to you ever been accused of, arrested, or prosecuted for
a crime? _ If yes, explain. What was the outcome? Were you satisfied?

62. Have you ever visited someone in a jail, prison, or juvenile detention facility, or
have you ever been incarcerated? _ If yes, explain ____________________

63. Have you or anyone close to you ever been a witness in a criminal case?
If yes, explain __________________

64. Have you or anyone close to you ever had a bad experience with a police officer?
If yes, explain __________________

65. What is your opinion of the crime situation in Oakland? _____________________

66. What is your opinion of the crime situation in your neighborhood? __________________

67. What are the major causes of crime? ___________________

68. What should be done to reduce crime? _________________________________

69. Do police officers lie? _ If yes, how often ____________________

70. Defendants are sometimes not responsible for the crimes charged.
_strongly agree _ agree _ disagree _ strongly disagree _ no opinion

71. The rights of suspects are better protected than the rights of victims.
_strongly agree _ agree _ disagree _ strongly disagree _ no opinion

LEGAL PRINCIPLES

72. Do you understand the charges are not evidence?__________________

73. Do you understand the defendant is entitled to the presumption of innocence?__________________

74. Do you understand the State is required to prove the guilt of the defendant?__________________

75. Do you understand the State must prove the case beyond a reasonable doubt?__________________

76. Do you understand the defendant is not required to prove he is innocent?__________________

77. Do you understand the defendant has a constitutional right not to testify? __________________

78. Do you agree to follow these principles and apply them in this case?__________________

79. Do you have any questions about these principles? ___________________
If yes, explain ____________________

FIREARMS

80. Do you have strong feelings or opinions about firearms, the use or abuse of
firearms , and/or the gun laws? __ If yes, explain _____________________________

81. Have you ever used or fired a gun or rifle? __ If yes, explain __________________

82. Have you ever owned or do you presently own any firearm(s)? _ If yes, list all
firearms owned and when you owned them __________________

83. Could you fire a gun in self-defense? _ yes _ no __ not sure
If you answered "no" or "not sure" explain __________________

84. Do you have any familiarity with guns? __ If yes, explain __________________

85. Do you now, or have you in the past, ever belonged to any organization that
advocates the right to own and possess firearms OR the elimination of the right to
own and possess firearms? _ If yes, explain __________________

TASERS

86. Do you have any familiarity with a weapon used by police known as a taser? ___________________
If yes, explain __________________

87. Have you read, seen or heard anything about the safety of tasers, or their
appropriateness for use by law enforcement? __________________ If yes, explain __________________

88. Have you, friends, or relatives ever used a taser or seen a taser used? ___________________
If yes, explain ____________________________

89. Has a taser ever been used on you or anyone close to you?__________________
If yes, explain __________________

90. Do you have strong feelings or opinions about the use of tasers by law
enforcement? _If yes, explain __________________

EXPERIENCES WITH LAW ENFORCEMENT

91. Have you ever been on a "ride-along" with police officers or other law enforcement
officers?___If yes, explain____________________________________

92. Have you ever had any positive experience(s) with police officers or other law
enforcement agents? _ If yes, explain ________________________________

93. Have you ever had any negative experience(s) with police officers or other law
enforcement agents? _ If yes, explain ________________________________

94. How would you rate the job the police in your city are doing in dealing with crime?

95. Have you ever witnessed the police use force on someone? __________________
If yes, please explain_______________________________________
a. Did you feel the police officer(s) acted appropriately? ___________________
If no, explain _______________________________________
b. Did you believe the force was necessary? ___________________
Explain _______________________________

96. Have you ever seen a police officer act inappropriately? ___________________
If yes, explain _______________________________

97. Have you or any close friend or relative ever been mistreated by the police? ___________________
If yes, explain ______________________________
b. Was the incident reported to officials? ___________________
c. Was anyone prosecuted or disciplined? __ Explain ____________________________

98. Have you ever filed a complaint about a police officer?__________________ If yes, explain ___________________________________________

99. Do you have any knowledge of police procedures or methods from any source?__________________
If yes, explain ___________________________________

100. Do you personally know any police officer killed in the line of duty?__________________
If yes, explain ___________________________

101. Do you have any associations with law enforcement that will make it difficult for you
to serve as a juror in this case? _ If yes, explain _________________________

OPINIONS REGARDING LAW ENFORCEMENT

102. Do you have any feelings about the prosecution of police officers who are charged
with committing crimes? _ If yes, explain __________________

103. Should police officers be treated differently than civilians if they break the law?
If yes, explain ___________________

104. Do you believe police officers are entitled to more believability as witnesses than
other witnesses? _ If yes, explain __________________

105. Do you believe that because the defendant was a police officer and is now charged
with a crime that he is probably guilty? _ Yes _ No _ Maybe _ Don't Know

ATTITUDES REGARDING RACE

106. Defendant Johannes Merserle is Caucasian. The man he shot, Oscar Grant, was
African-American. In other words, a white police officer shot and killed a black man.
Can you judge this case fairly without consideration of the race of the persons
involved? ____If no,explain __________________

107. Will the fact that a white police officer shot and killed a black man make it difficult for
you to be a fair and impartial juror in this case? ___________________ If yes, explain __________________

108. Have you or anyone close to you ever been the victim of racial discrimination? ___________________
If yes, explain __________________

109. Have you or anyone close to you ever been accused of discriminating against
someone because of that person's race? ___________________ If yes, explain ____________________

110. Do you have an opinion as to whether racial discrimination is a problem in
Oakland, California? __ If yes, explain ______________________

111. Do you believe racial discrimination is a serious problem in Los Angeles? ___________________
If yes, explain ____________________

112. Do you believe police officers tend to treat criminal suspects differently in low
income neighborhoods than they do in middle or high income neighborhoods?_
If yes, explain __________________

113. Do you believe it is more dangerous for police officers to work in low income
neighborhoods than it is for them to work in middle or high income neighborhoods?
Explain __________________

114. Have you ever witnessed a police officer show discrimination toward someone?__________________
If yes, explain __________________

115. Have you or anyone close to you ever been the victim of any kind of discrimination
(race, sex, age, etc.)? _ If yes, explain __________________

116. Have you ever served on a jury? _ How many times?__________________
For each case state: the type of case (civil or criminal), the year, the nature of the case, and if there was
a verdict_____________________

117. Have you ever been on a hung jury? __ If yes, were you in the majority?__________________

118. If you are selected as a juror in this case, do you anticipate any negative reactions
by friends or family if you find the defendant guilty? _ If you find the defendant
not guilty? __ If yes to either question, explain __________________

119. Have you formed any opinion about the guilt or innocence of defendant Mehserle?
__ If yes, explain _______________________

120. Is there anything you would like to bring to the Court's attention that might affect
your ability to be a fair and impartial juror in this case? __________________ If yes, explain
____________________

121. Would you like to serve on this jury? Why? __________________

WITNESSES

The following persons may testify or be the subject of testimony in this case. Please
indicate if you know any of them.