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United States v. Ghailani:

Jury Questionnaire

Hon. Lewis A. Kaplan

Southern District of New York

September 22, 2010

The following questionnaire was prepared by the Southern District of New 

York s United States District Judge Lewis A. Kaplan to facilitate jury selection

in a prosecution for participation in the 1998 bombings of the American embassy

in Dar es Salaam, Tanzania, United States v. Ghailani, No. 1:98-cr-1023-9

(S.D.N.Y. Sept. 21, 1998). The defendant was a fugitive until 2004, when he was 

captured and held by the CIA. He was transferred to Guantánamo Bay in 2006

and to the Southern District of New York for prosecution in 2009.

Background Information

This questionnaire is being used to assist in selecting a jury for what is expected

to be a long trial.

The trial is expected to last 10 to 16 weeks or perhaps somewhat longer.

In general, the trial will be held Monday through Thursday, 9:30 a.m. until

4:30 p.m., although there will be some shorter work weeks and the hours and

days may vary from time to time.

Court will not be held during the following breaks and holidays:

October 11, 2010 

(Columbus Day)

December 23, 2010, to 

January 3, 2011

November 2, 2010 

(Election Day)

January 17, 2011 (Martin

Luther King Day)

November 11, 2010 

(Veterans Day)

February 21, 2011 

(Presidents Day)

November 24 26, 2010 

(Thanksgiving)

February 28 to March 4, 

2011

Please answer each part of the following questions Yes or No and provide

the additional requested information for all parts to which you answer Yes. If

you need additional space, use the back of the page.

Write your juror number on every page in the space provided.
United States v. Ghailani: Jury Questionnaire

Juror No. __________

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1. Would serving on this jury cause undue hardship or extreme inconvenience 

because

a. You would have to travel a great distance to the courthouse? If so, how 

many miles would you have to travel?

Yes _____ If yes, number of miles _____

No _____

b. Your travel time to and from the courthouse would be excessive? If so, 

how many minutes are required (one-way)?

Yes _____ If yes, number of miles _____

No _____

c. There is a grave illness in the family or other emergency?

Yes _____ Explain. ________________________________________

_______________________________________________

_______________________________________________ No _____

d. Service would cause you undue hardship or extreme inconvenience for 

some other reason?

Yes _____ Explain. ________________________________________

_______________________________________________

_______________________________________________ No _____

e. Service would cause severe economic hardship to your employer?

Yes _____ Explain. ________________________________________

_______________________________________________

_______________________________________________ No _____

2. Does the nature of the charges cause you to believe that you could not serve 

impartially as a juror in this case?

Yes _____ Explain. ___________________________________________

__________________________________________________

__________________________________________________ No _____
United States v. Ghailani: Jury Questionnaire

Juror No. __________

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3. Does the allegation that the 1998 plot that destroyed the U.S. embassies in 

Africa was associated with al-Qaeda cause you to believe that you could not 

serve impartially as a juror in this case?

Yes _____ Explain. ___________________________________________

__________________________________________________

__________________________________________________ No _____

4. The terrorist attacks on the United States, including on the World Trade Center, that occurred on September 11, 2001, are not at issue in this case. Nevertheless, have you had any personal experiences or do you have any feelings 

arising from those attacks that you believe would interfere with your ability 

to serve impartially as a juror in this case?

Yes _____ Explain. ___________________________________________

__________________________________________________

__________________________________________________ No _____

5. Have you had any personal experiences or do you have any feelings arising 

from any other terrorist attacks on the United States or on anyone else that 

you believe would interfere with your ability to serve impartially as a juror in 

this case?

Yes _____ Explain. ___________________________________________

__________________________________________________

__________________________________________________ No _____

6. On a scale of 1 to 5, how afraid are you that you, a family member, or someone close to you will be killed or injured in a terrorist attack? ( 1 = not

afraid; 5 = very afraid)

Select a number from 1 to 5 _____

7. Have you seen, heard, or read anything about Mr. Ghailani or the bombings 

of the U.S. embassies in Kenya and Tanzania in 1998?

Yes _____ What? ____________________________________________

__________________________________________________

__________________________________________________ No _____
United States v. Ghailani: Jury Questionnaire

Juror No. __________

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8. Do you have feelings about the prosecution of accused terrorists in courts 

like this that you believe would interfere with your ability to serve impartially as a juror in this case?

Yes _____ No _____

9. Much of the conduct at issue in this case took place outside the United States, 

principally in Tanzania and Kenya. United States law provides that persons 

engaged in conduct occurring outside the United States may nevertheless be 

charged in United States courts for violations of federal laws that protect 

Americans abroad. Do you believe that conduct that takes place outside of 

the United States should not be a basis for American criminal charges or 

should not be considered by an American court?

Yes _____ No _____

10. Have you, any family member, or any close friend been a victim of terrorism, 

either in this country or abroad?

Yes _____ Explain. ___________________________________________

__________________________________________________

__________________________________________________ No _____

11. Do you have any feelings about Islam or Muslims that you believe would 

interfere with your ability to serve impartially as a juror in this case?

Yes _____ Explain. ___________________________________________

__________________________________________________

__________________________________________________ No _____

12. Do you have any feelings about methods the United States has used in responding to terrorism including, for example, the use of military force or the 

detention of terror suspects by the CIA or by the Defense Department at 

Guantánamo Bay that you believe would interfere with your ability to serve 

impartially as a juror in this case?

Yes _____ Explain. ___________________________________________

__________________________________________________

__________________________________________________ No _____

13. Do you have an opinion as to whether Mr. Ghailani is guilty or not guilty of 

any of the charges against him?

Yes _____ No _____
United States v. Ghailani: Jury Questionnaire

Juror No. __________

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14. The witnesses in this case will include law enforcement and perhaps other 

government personnel. Would you be more or less likely to believe such a 

witness solely by reason of the fact that the witness works in law enforcement or another government capacity?

Yes _____ No _____

15. Do you have any biases or feelings for or against defendants in general, lawyers who represent persons accused of crimes, or prosecutors that you believe would interfere with your ability to serve impartially as a juror in this 

case?

Yes _____ Explain. ___________________________________________

__________________________________________________

__________________________________________________ No _____

16. Have you, any member of your family, or any close friend ever been a victim 

of a crime?

Yes _____ No _____

If yes, please describe. __________________________________________

_____________________________________________________________

If yes, do you believe that this would interfere with your ability to serve as an 

impartial juror in this case?

Yes _____ No _____
United States v. Ghailani: Jury Questionnaire

Juror No. __________

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17. Have you, or has any member of your family with whom you resided at the 

time, or a close friend, ever been employed by or received training from any 

local, state, or federal law enforcement agency, including but not limited to 

the following? (Circle as many as apply for each category.)

Self Relative Close Friend

Federal Bureau of 

Investigation x x x

U.S. Attorney x x x

Bureau of Alcohol, Tobacco, 

Firearms & Explosives x x x

U.S. Citizenship and 

Immigrations Services, and 

Bureau of Immigration and 

Customs Enforcement 

(formerly known as 

Immigration and 

Naturalization Services)

x x x

Department of Homeland 

Security x x x

Drug Enforcement 

Administration x x x

Military Police x x x

Department of Corrections x x x

State Police x x x

Office of District Attorney x x x

United States Marshal Service x x x

New York City Police 

Department x x x

U.S. Bureau of Prisons x x x

Department of Probation and 

Parole x x x

Other: __________________ x x x

If yes, do you believe this would interfere with your ability to serve as an 

impartial juror in this case?

Yes _____ No _____
United States v. Ghailani: Jury Questionnaire

Juror No. __________

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18. Have you or any close friend or relative, either as an individual or in the 

course of his or her business, ever been a party to any legal action or dispute 

with the United States or any of the officers, departments, agencies, or employees of the United States, or had any interest in any such legal action or 

dispute or its outcome?

Yes _____ No _____

19. Have you, either through any experience you have had or anything you have 

seen or read, developed any bias or prejudice for or against the United States 

Attorney s Office, the Department of Justice, or the Federal Bureau of Investigation?

Yes _____ No _____

20. Have you or any close friend or relative ever been involved or appeared as a 

witness in any investigation by a federal or state grand jury, a legislative 

committee, or any other governmental agency?

Yes _____ No _____

21. Have you or any close friend or relative ever been a witness or a complainant 

in any hearing or trial?

Yes _____ No _____

22. Are you or any close friend or relative now under subpoena or, to your knowledge, about to be subpoenaed in any criminal case?

Yes _____ No _____

23. Have you or any close friend or relative ever been the subject of any investigation or accusation by any federal or state grand jury?

Yes _____ No _____

24. Have you or any close friend or relative ever been charged with a crime?

Yes _____ No _____
United States v. Ghailani: Jury Questionnaire

Juror No. __________

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25. Have you or any member of your immediate family ever served in the military (including the National Guard and the reserves)?

Yes _____ No _____

If yes, have you or any member of your family or close personal friend ever 

served in the Middle East, including Iraq and Afghanistan?

Yes _____ No _____

If yes, describe the branch and the nature of the service and the approximate dates. _______________________________________________

_________________________________________________________

26. Do you know anyone who now resides, or in the past resided in the Middle 

East, South Asia, including Pakistan and the areas around Pakistan, or sub- Sahara Africa?

Yes _____ No _____
United States v. Ghailani: Jury Questionnaire

Juror No. __________

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27. Have you ever served as a juror?

Yes _____ No _____

If yes, please complete as appropriate:

a. Civil Cases Date(s) _______________________________ Nature of case(s): ___________________________________________ Federal or state case(s): ______________________________________ Was the jury asked to reach a verdict?

Yes _____ No _____

If so, was a verdict reached?

Yes _____ No _____

b. Criminal Cases Date(s) _______________________________ Nature of case(s): ___________________________________________ Federal or state case(s): ______________________________________ Was the jury asked to reach a verdict?

Yes _____ No _____

If so, was a verdict reached?

Yes _____ No _____

c. Grand Jury Date(s) _______________________________ Federal or state? ____________________________________________

28. If you have served as a juror, was there anything about your jury experience 

that would make it difficult to serve fairly and impartially in this case?

Yes _____ No _____
United States v. Ghailani: Jury Questionnaire

Juror No. __________

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29. Have you worked in or traveled in Tanzania, Kenya, Saudi Arabia, Somalia, 

Sudan, Iraq, Pakistan, Afghanistan, or Egypt?

Yes _____ No _____

If yes, please explain how long you were there and the reason for your 

visit(s). ______________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

30. What are your primary sources of local and national news? _____________________________________________________________

_____________________________________________________________

31. This questionnaire has tried to invite your attention to possible reasons why 

you might not be able to sit as a fair and impartial juror. Apart from anything 

you have disclosed above, is there any fact, circumstance, opinion, impression, attitude of mind, personal or other experience, or identification or 

membership with any group or organization that you believe would prevent 

you, if you are accepted as a juror in the trial of this case, from listening to 

the evidence with an open mind and deciding every issue fairly and impartially, solely upon the evidence and in accordance with the Court s instructions as to the law?

Yes _____ No _____

If yes, please explain. ___________________________________________

_____________________________________________________________

_____________________________________________________________