Case 1:99-cr-10371-DJC Document 894 Filed 04/30/13 Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA v. JAMES J. BULGER, Defendant. ) ) ) ) ) ) )

Criminal No. 99-10371-DJC

JOINT SUBMISSION OF THE PARTIES REGARDING PROPOSED JURY QUESTIONNAIRE At an April 26, 2013 hearing, the Court ordered the parties to confer and submit proposed voir dire questions for a jury questionnaire Clerks conferred by April 30, 2013. to that See 4/26/2013 the a Electronic have joint

Notes.

Pursuant and

order, hereto

parties

extensively

attach

proposed

questionnaire. The parties jointly request that the questions in the

attached questionnaire supplement the Draft Jury Questionnaire that the Court provided to the parties on April 19, 2013, which was focused on hardship issues related to the estimated length of the trial. In addition, on the assumption that, once the

Court has final witness lists (and lists of victims and victims families), the Court will ask potential jurors whether they know any of the names on those lists, the parties have not included any questions regarding reserve those the topics. to Finally, amend the parties attached

respectfully

right 1

the

Case 1:99-cr-10371-DJC Document 894 Filed 04/30/13 Page 2 of 3

questionnaire as the litigation progresses and trial preparation continues.

Respectfully submitted, JAMES J. BULGER, Defendant By: /s/ J.W. Carney, Esq. J.W. CARNEY, Jr. Esq. HANK BRENNAN, Esq. By: CARMEN M. ORTIZ United States Attorney /s/ Zachary R. Hafer____ ZACHARY R. HAFER BRIAN T. KELLY FRED M. WYSHAK, JR. Assistant U.S. Attorneys

Date:

April 30, 2013

Case 1:99-cr-10371-DJC Document 894 Filed 04/30/13 Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing on April 30, 2013. /s/ Zachary R. Hafer___ ZACHARY R. HAFER Assistant U.S. Attorney

Dated: April 30, 2013

Case 1:99-cr-10371-DJC Document 894-1 Filed 04/30/13 Page 1 of 13

JURORS LAST NAME: JURORS NUMBER: UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES V. JAMES J. BULGER, 99-10371-DJC

CONFIDENTIAL JUROR QUESTIONNAIRE TO THE PROSPECTIVE JUROR: The information given in this questionnaire will be used only by the court and the parties to select a qualified jury. Once the jury is selected, all copies of this document will be returned to the court and maintained under seal, not accessible to the public or to the media. The attorneys are under orders to maintain the confidentiality of all information contained in the questionnaires. Please answer the questions as completely and accurately as you can. Your complete written answers will save a great deal of time for everyone. There are no right or wrong answers to the questions. Please keep in mind the following: A. Do not consult with or talk to any other person in filling out the questionnaire. If you cannot answer a question because you do not understand it, write Do not understand in the space after the question. Do not ask court personnel for clarification. If you cannot answer a question because you do not know the answer, write Do not know in the space after the question. If you would prefer not to answer a question because of the private nature of your response, write Private after the question. At a later date, the court may inquire about the topic privately. Please do not write on the back of any page. Use the 1

B.

C.

D.

E.

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blank pages at the end of the form (front side only), where there is insufficient room on the form for your answer. When using the blank pages, please include the number of the question you are answering. If there is insufficient space even on the front of the blank pages to provide a complete answer, write as much as you can, then indicate Need More Space and stop. You may be given an opportunity to amplify later. F. Please (please) print or write legibly. Use the pen you have been given. After you leave today, you may not discuss any of the questions or your answers with anyone else, including members of your immediate family and other potential jurors. If anyone approaches you and attempts to learn about any aspect of this questionnaire, you may not answer their questions. If anyone persists in questioning you, inform the court. After you leave today, do not discuss anything about this case with anyone, and do not read, listen to, or watch anything relating to this case. Until you are excused as a potential juror, or until the trial is over if you are selected as a juror, you are not to discuss this case, or allow yourself to be exposed to any discussion of this case in any format.

G.

H.

At the end of the questionnaire, please sign it, affirming the truth of your answers and the fact that you have given them without assistance. Thank you for giving your time to support this essential component of our democracy.

Case 1:99-cr-10371-DJC Document 894-1 Filed 04/30/13 Page 3 of 13

1. 2.

Name Age: State and City of Birth: Sex: M _ F

Juror Number:

3.

Address:

(City) 4. 5.

(State)

(Zip Code)

How long have you lived in Massachusetts? How much education do you have? Grade school or less Some high school High school graduate Technical or business school Some college Graduated from college Postgraduate degree Post graduate degree in

_ _ _

6.

Are you presently a student? Yes No

If yes, describe course of study and anticipated date of completion:

7.

What is your occupation? Name of your employer: Address of employer:

(City)

(State)

Length of employment: Present job description: 3

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8.

Have you ever had supervisory responsibility on your job? Yes ____ No

If yes, please explain: 9. If you are not currently employed outside the home, please check the category below that applies to your employment status. Homemaker Stay at home parent Retired Unemployed-currently looking for work Unemployed-Not currently looking for work Student Disabled Other: Please explain

10.

Are you: Married Separated _____ Divorced

Single Widowed _____

Civil Union/Domestic Partner _______ 11. Spouse/partner/significant other: First name: Occupation: 12. Do you have children? If so, what are their ages?

13.

Please list the names of all organizations to which you belong. This includes labor unions, volunteer organizations, clubs, societies, fraternal organizations, and professional organizations (Examples: Teamsters, ACLU, National Rifle Association, Kiwanis, Amnesty International, Greenpeace).

14.

What newspaper(s) and magazine(s) do you read regularly? 4

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15.

Have you had prior jury trial service? Yes ____ No

If your answer is yes, please answer the following: Which type of jury service was it? Criminal Civil Both

Did the jury reach a verdict in each case above? Yes ____ No

Is there anything about your prior jury service that might affect your ability to be fair and impartial in this case? Yes ____ No

If yes, please explain:

16.

Are you currently taking any medications interfere with your ability to concentrate? Yes ____ No

that

might

If yes, please explain:

17.

Do you have any personal or business affairs that would make it difficult for you to serve as a juror? Yes ____ No

If yes, please explain:

18.

Do you have any personal or family responsibilities (such as caring for a young child or ill or elderly person) that would interfere with your service as a juror? Yes ____ No

If yes, please explain: 5

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19.

The prosecution has the burden of proving that the defendant is guilty beyond a reasonable doubt. A defendant does not have to prove that he is innocent. Do you disagree in any way with this principle? Yes ____ No

If yes, please explain:

20.

Have you, a relative, or a close friend military, including the National Guard? Yes ____ No

served

in

the

If yes, please explain: 21. Are you, a relative, or a close friend presently, or have you, a relative, or a close friend ever been employed in law enforcement? This includes, but is not limited to employment as a police officer, state trooper, sheriff, correctional officer, probation and parole officer, federal agent and security guard. Yes ____ No

If yes, please identify the law enforcement agency:

22.

Have you, a relative, or a close friend ever been employed by the court system? Yes ____ No

If yes, please identify the position and location:

23.

Have you, a relative, or a close friend ever worked for a United States Attorneys Office or a State Prosecutors Office? Yes ____ No 6

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If your answer is yes, for each such person, please list in what office the person works, and what your relationship is to that person. Office Worked In Relationship

24.

Have you, a relative, or a close friend ever criminal defense attorney or public defender? Yes ____ No

worked for a

If your answer is yes, for each such person, please list in what office the person works, and what your relationship is to that person. Office Worked In Relationship

25.

The jurors in this case will be instructed that the testimony of a law enforcement officer is to be treated the same as the testimony of anyone else. Jurors are to give neither greater nor lesser weight to the testimony based solely upon the witnesss status as a law enforcement officer. Do you have any concerns about your ability to follow this instruction? Yes ____ No

If yes, please explain:

26.

Have you, a relative, or a close friend ever been the victim of a crime? Yes ____ No

If yes, please explain:

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27.

Have you, a relative, or a close friend ever been a witness to a crime? Yes ____ No

If yes, please explain:

28.

Have you, a relative, or a close friend ever pleaded guilty to or been convicted of a crime other than a simple traffic violation? Yes ____ No

If yes, what was the crime? Was it a felony or misdemeanor? What punishment did you (or someone else) receive (including probation)?

29.

Have you, a relative, or a close friend ever been arrested for or charged with an offense other than a simple traffic violation? Yes ____ No

If yes, please explain:

30.

Are there any criminal charges relative, or a close friend? Yes ____ No

pending

against

you,

If yes, please explain:

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31.

Do you know personally or have you ever known personally anyone who has been convicted of or pleaded guilty to a crime? Yes ____ No

If yes, for each person, state that persons relationship to you and the name of the crime and sentence imposed, including probation:

32.

In this case, James J. Bulger is being represented by Attorneys J. W. Carney, Jr. and Hank Brennan of Boston. Do you know either of these attorneys? Yes ____ No

If yes, please describe how you know them.

33.

Do you know any employees who Carneys firm, Carney & Bassil? Yes ____ No

are

associated

with

Mr.

If yes, please describe how you know any of them.

34.

The prosecutors in this case are Assistant United States Attorneys Fred Wyshak, Brian Kelly, and Zach Hafer. Do you know any of these attorneys? Yes ____ No

If yes, please describe how you know any of them.

35.

Do you know anyone else employed Attorneys Office in Massachusetts Justice? Yes ____ No

by or

the the

United States Department of

If yes, please explain: 9

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36.

Do you have any religious, moral or philosophical beliefs that would make it difficult for you to sit in judgment on another person in a court of law? Yes ____ No

If yes, please explain:

37.

In this case, there will be evidence that the defendant was a member of a criminal organization that engaged in violent crime and financial crime. Do you have any concerns regarding organized crime that would prevent you from acting as a juror in this case? Yes ____ No

If yes, please explain: 38. Have you Boston? Yes read any book(s) regarding organized crime in

____ No

If yes, please list the title of each book youve read and provide a brief description.

39.

Based upon any books, movies, or newspaper/magazine/Internet articles you have read regarding organized crime in Boston, have you formed an opinion regarding James Whitey Bulger or federal law enforcement that would prevent you from being a fair and impartial juror in this case? Yes ____ No If yes, please explain:

40.

Have you formed an opinion about the guilt or innocence of James Whitey Bulger with respect to the charges in this case? Yes ____ No

If yes, please explain:

10

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41.

Aside from anything you might have read or seen about organized crime in Boston, are you aware of any prejudice that you may have against the government or the defendant that would in any way impair your ability to evaluate and judge fairly and impartially the facts of this case? Yes ____ No

If yes, please explain:

42.

Several witnesses in this case have participated in the criminal activity alleged in the indictment. Will the fact that a witness has been involved in the criminal activity alleged in the indictment cause you to automatically disregard the testimony of the witness? Yes ____ No

If yes, please explain:

43.

The defendant in a criminal case has an absolute right not to testify. Would you hold it against the defendant if he did not testify in this case? Yes ____ No

If yes, please explain:

44.

Several witnesses in this case cooperated with the government in exchange for a more lenient sentence. Will the fact that a witness cooperated with the government to receive a lesser sentence cause you to automatically disregard the testimony of the witness? Yes ____ No

11

Case 1:99-cr-10371-DJC Document 894-1 Filed 04/30/13 Page 12 of 13

If yes, please explain:

45.

In this case, you will also hear evidence regarding drug trafficking, including marijuana. Do you have any opinions about drug laws that would make you unable to decide this case on the evidence presented and the law as stated by the Court? Yes ____ No

If yes, please explain:

46.

Do you believe that the sale of marijuana should be legal? Yes ____ No

If yes, please explain:

47.

This case will draw a high degree of media attention. As a juror, you would be barred from reading or watching media accounts of the trial, consulting external sources and discussing the case with other people. Would you be able to abide by these rules for the entirety of the trial? Yes ____ No

If yes, please explain:

48.

What was the last book you read?

49.

Did you have any problems reading and understanding this questionnaire? Yes ____ No

If your answer is yes, please explain below:

12

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50.

Is there any other matter or any information you feel that the judge or attorneys should know about you, not covered by this questionnaire? Do you have any concerns that have been raised by the experience of filling out this questionnaire that might affect your ability to sit as a juror, or anything else that you feel we should know about? If so, please explain.

51.

Is there anything about your responses to any of the questions in this questionnaire, or anything else in your background, experience, employment, training, education, knowledge, or beliefs that might affect your ability to be a fair and impartial juror?

CERTIFICATION I do hereby certify that the answers which I have given in this questionnaire are true and complete to the best of my knowledge and belief.

Name

Signature

Date

13