1

United States v. El-Hage:

Jury Questionnaire

Hon. Leonard B. Sand

Southern District of New York

January 3, 2001

The following questionnaire was prepared by the Southern District of New

York’s United States District Judge Leonard B. Sand to facilitate jury selection in 

the prosecution of Mohammed Odeh, Mohamed al-’Owhali, Wadih el-Hage, and

Khalfan Khamis Mohamed for killing American citizens by bombing American

embassies in Kenya and Tanzania on August 7, 1998, in United States v. El- Hage, No. 1:98-cr-1023 (S.D.N.Y. Sept. 21, 1998).

General Instructions

This questionnaire is designed to help simplify and expedite the jury selection

process. Although some of the questions may appear to be of a personal nature, 

please understand that the Court and the parties must learn enough information 

about each juror’s background and experiences to select a fair and impartial jury.

Please answer all the questions to the best of your ability. If you have any

questions, write them on the form. If you do not know the answer to a question, then write, “I don’t know.” There are no right or wrong answers—only truthful

answers. Do not discuss the case or your answers with anyone. It is important 

that the answers be yours alone. Remember, you are sworn to give true and complete answers to all questions. After reading your questionnaire, Judge Sand will

personally interview you and give you the opportunity to discuss your answers.

During your jury service, the judge and the parties will not know your name. They will know you only by your juror number. Selecting an anonymous jury is

not an unusual practice and has been followed in many cases in federal court. Anonymity will deter curiosity that might infringe on your privacy. Accordingly, do not reveal any information in the questionnaire that could be used to identify

you, such as your employer’s name or your address.

Use black pen only. Blue ink will not copy. You may borrow a black pen if

necessary.

Write your juror number at the top of this page.

Do not write on the back of any page; only the front pages will be copied. If

you need additional space to complete an answer, go to the blank pages at the

back of the questionnaire, indicate the number of the question, and continue your

answer.

Hardship Question

The Court and the parties estimate that the trial in this case will last approximately nine to twelve months. It is anticipated that the jury will sit four days per week 

during the bulk of the trial, when evidence is being taken, although the jury will

have to be present five days a week during jury selection, opening and closing 

statements, and deliberations. Thus, for most of the trial jurors will not be re-
United States v. El-Hage: Juror Questionnaire 2

quired to report on Fridays or holidays. If possible, the court plans to adjourn for

a one-week recess in August. In addition, every effort will be made to accommodate special needs of individual jurors. Jurors will be paid an attendance fee of

$40 per day for the first 30 days of trial and $50 per day thereafter. Lunch will be 

provided daily, and your transportation costs will be reimbursed.

Jury service is one of the highest duties and privileges of a citizen. The participation of people like yourself is essential to the proper administration of justice. The court recognizes that not everyone can serve on a case of this length. However, mere inconvenience or the usual financial hardships of jury service

will not be enough to excuse you. You must show that service in this case would

cause an unacceptable amount of personal hardship.

Would you have a serious hardship if chosen for this case? ____ Yes, I would have a serious hardship if chosen for this case. Please answer the questions below and fully explain your hardship. You must still

complete the entire questionnaire. ____ No, I would not have a serious hardship if chosen for this case. Please 

move on to the next section of the questionnaire.

If yes, please explain the hardship and list your current occupation. Describe the

type of job and business without giving details of your employer’s name or address. For example, simply list “receptionist,” “business executive,” “school

teacher,” or “self-employed/freelance.” If you are retired or unemployed, please

indicate that fact and list your previous occupation. Please write legibly.

Occupation: ______________________________________ Your age: _______ Are you self-employed? _______________ Are you retired? _______________ Will you be paid your salary while you serve jury duty? ___________________ What is your hardship? _____________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________ Description of the Case

In this case there are four defendants, two of whom face the death penalty. All

four defendants are charged in an indictment with having been part of a conspira-
United States v. El-Hage: Juror Questionnaire 3

cy to commit various acts of terrorism and with committing certain federal

crimes, including murder, attempted murder, the bombing of federal buildings, perjury, and making false statements to federal law enforcement officers. Specifically, the defendants are charged variously with crimes relating to an alleged

agreement to kill American citizens, which resulted in the bombings of the United States embassies in Nairobi, Kenya, and Dar es Salam, Tanzania, on August 7, 

1998. In the bombing in Tanzania, 11 people were killed and approximately 70

were injured. In the bombing in Kenya, 223 people were killed and thousands of

people were injured.

The organization with which the defendants were allegedly associated is

called “al-Qaeda,” or the “Base,” which the Government charges was engaged in

international terrorism. While other people were allegedly involved, only four

defendants are on trial in this case. Each of the accused is entitled to separate

consideration, and the case against each person must be decided individually.

The Nature of an Indictment

An indictment is merely an accusation. It is proof of nothing. You may draw no

inference against any defendant from the fact that he has been indicted. Each defendant has pleaded “not guilty” to each of the charges against him and is presumed to be innocent. A defendant does not have to prove anything. The government bears the burden of proving the guilt of a defendant beyond a reasonable 

doubt.

Personal Background

1. What is your age? __________

2. Are you: male _____ female _____

3. Do you have any problem with your hearing or vision that would make it

difficult for you to serve as a juror?

Yes _____ No _____

4. Do you have any medical condition that would make it difficult for you to

serve as a juror on this case? 

Yes _____ No _____

5. Are you taking any prescription medication that may interfere with your

ability to concentrate or serve as a juror in any way? 

Yes _____ No _____

6. Have you recently been treated for a substance abuse problem (for example, alcohol or illegal or prescription drugs)? 

Yes _____ No _____
United States v. El-Hage: Juror Questionnaire 4

7. What is your place of birth? (Please list only the city and state, and, if outside the United States, the country.) ___________________________________________________________

8. Are you?

Married _____

Single _____

Living with another person as a couple _____

Divorced/Separated _____

Widow/Widower _____

9. What is your ethnic background? ___________________________________________________________

(a) If married, what is the ethnic background of your spouse? _____________________________________________________

10. What county do you live in? ____________________________________

(a) If you live in New York City, what neighborhood do you live in?

(For example: Upper West Side, Morrisania, Throgs Neck.) Do not

give your address. _____________________________________________________

(b) If you live in a suburban county, what part of the county do you live

in (north or south)? _____________________________________________________

11. Do you read a newspaper regularly (at least two or three times a week)?

Yes _____ No _____

If yes, list the names of the newspapers you read and indicate how often

you read each newspaper.

Name of 

Newspaper

Once a 

week

2–3 

times a 

week

More 

than 4x 

a week Daily

Sunday 

only

12. What magazines or periodicals do you read? ___________________________________________________________
United States v. El-Hage: Juror Questionnaire 5

13. Do you watch any television newscasts on a regular basis?

Yes _____ No _____

If yes, which ones? ___________________________________________________________

14. Do you listen to any radio stations on a regular basis?

Yes _____ No _____

If yes, which ones? ___________________________________________________________

15. Is English your first language? 

Yes _____ No _____

16. What other languages do you speak, read, or understand? ___________________________________________________________

17. Where were your parents born?

Mother _________________________________ Father __________________________________

18. Are you, your spouse, or a former spouse a naturalized U.S. citizen?

Yes _____ No _____

If yes, please tell us who and when the person became a citizen? ___________________________________________________________

19. Are your parents, in-laws, or grandparents naturalized U.S. citizens?

Yes _____ No _____

If yes, please tell us your relationship to that person (for example, “mother-in-law”) and when (if you know) the person became a citizen. ___________________________________________________________
United States v. El-Hage: Juror Questionnaire 6

20. Do you speak Arabic (or any dialect of Arabic), or did you grow up in

households where the Arabic language or any of its dialects were spoken?

Yes _____ No _____

(a) Do you read any Arabic language newspapers or publications?

Yes _____ No _____

If so, please list the Arabic language newspapers or publications: _____________________________________________________

(b) If you speak, read, or understand the Arabic language (or any of its

dialects), would you have any difficulty relying solely upon the

official interpreter’s translation of testimony and witnesses’ translations of Arabic language evidence?

Yes _____ No _____

21. Do you speak Swahili (or any dialect of Swahili), or did you grow up in

households where the Swahili language or any of its dialects were spoken?

Yes _____ No _____

(a) Do you read any Swahili language newspapers or publications?

Yes _____ No _____

If so, please list the Swahili language newspapers or publications: _____________________________________________________

(b) If you speak, read, or understand the Swahili language (or any of its

dialects), would you have any difficulty relying solely upon the

official interpreter’s translation of testimony and witnesses’ translations of Swahili language evidence?

Yes _____ No _____
United States v. El-Hage: Juror Questionnaire 7

22. Are you: ( ) Employed full-time ( ) Retired

( ) Employed part-time ( ) Student

( ) Homemaker ( ) Disabled & unable to work

( ) Unemployed/laid off

(a) Without telling us the name of your employer, what kind of work do 

you do? (For example: electric utility, maintenance; teacher, high

school.) Please do not write anything that would reveal your identity._____________________________________________________

(b) If retired or unemployed, what type of work had you been doing? _____________________________________________________

(c) If homemaker or student, please tell us what jobs outside the home

(if any) you have had in the past: _____________________________________________________

23. What is (was) your job title? ___________________________________

(a) What are (were) your duties on that job? _____________________________________________________

(b) Do (did) you supervise others in that job?

Yes _____ No _____

If yes, how many? _______

24. Do you have a second job?

Yes _____ No _____

If yes, what do you do? ___________________________________________________________

25. How many children do you have, if any? __________________________

26. If your children are in school, what type of school do they attend?

Public _____ Private _____ Religious _____ Home _____
United States v. El-Hage: Juror Questionnaire 8

27. List the gender, age, and occupation of each employed child.

Gender Age Occupation

28. If you have ever been married, list your spouse’s most recent type of work. ___________________________________________________________

29. Do you have any close friends or relatives who are employed by the United States Department of State or who have worked in an embassy?

Yes _____ No _____

If yes, please explain. ___________________________________________________________

30. Do you: ( ) Own your own home ( ) Rent 

( ) Live with relatives or friends

31. What is the highest grade of schooling you have completed?

( ) 8th grade or less ( ) Community college

( ) Some high school ( ) Some four-year college

( ) High school graduate ( ) College graduate

( ) Post graduate

32. Please list all degrees you have received but not the name of the colleges

you received them from. ___________________________________________________________

33. Please describe generally what type of civic, educational, professional, sports, business, religious, or political activities you participate in. ___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________
United States v. El-Hage: Juror Questionnaire 9

34. List any organizations to which you belong. Please do not write anything

that would reveal your identity. (For example, “PTA President,” not “PTA

President, P.S. 123.”) ___________________________________________________________

___________________________________________________________

___________________________________________________________ Please tell us your role in the organization. ___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

35. What charities or organizations have you contributed to in the last five (5)

years? ___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

36. Do you have any hobbies? 

Yes _____ No _____

If yes, what are they? ___________________________________________________________

___________________________________________________________

___________________________________________________________

37. Do you have any family, relatives, or friends in the military who are currently or were formerly stationed in the Middle East?

Yes _____ No _____

If yes, where is, or was, that person? ___________________________________________________________

38. If you, a family member, or a friend served in the military, was that person 

ever in a combat situation?

Yes _____ No _____ Don’t know _____

If yes, please tell us where and when. ___________________________________________________________
United States v. El-Hage: Juror Questionnaire 10

39. How closely did you follow the media coverage of the Gulf War?

Very closely _____ Somewhat closely _____ Not too closely _____ Not at all _____

40. (a) How closely did you follow the media coverage of the events in

Somalia in 1983? 

Very closely _____ Somewhat closely _____ Not too closely _____ Not at all _____

(b) How closely did you follow the media coverage of Somalia after the 

United Nations and American troops left Somalia?

Very closely _____ Somewhat closely _____ Not too closely _____ Not at all _____

41. (a) How closely have you followed the media coverage of the bombing

of the U.S.S. Cole in Yemen?

Very closely _____ Somewhat closely _____ Not too closely _____ Not at all _____

(b) If you have followed the media coverage of this event, based on

what you have heard or read, are you of the opinion that the bombing was carried out by any particular group?

Yes _____ No _____

If yes, which group? _____________________________________________________

42. The government is represented in this case by the United States Attorney, Mary Jo White, though the conduct of the case is in the immediate charge 

of the government attorneys appearing in the courtroom. Do you or does

any relative or friend know or have any connection with Mary Jo White?

Yes _____ No _____
United States v. El-Hage: Juror Questionnaire 11

43. Do you, or does any relative or friend, know or have any connection with

any of the following persons who will be seated at the counsel table for the 

government?

Assistant United States Attorney Patrick J. Fitzgerald

Assistant United States Attorney Kenneth M. Karas

Assistant United States Attorney Michael J. Garcia

Assistant United States Attorney Paul W. Butler

Assistant United States Attorney Andrew C. McCarthy

Gerard Francisco (Paralegal Specialist, U.S. Attorney’s Office)

Lillie Grant (Paralegal Specialist, U.S. Attorney’s Office)

Nozomi Maeyama (Records Examiner, U.S. Attorney’s Office)

Yes _____ No _____

(a) Have you seen, heard, or read anything about any of these individuals? This includes not only from the media, but anything you may

have heard from friends, relatives, or co-workers.

Yes _____ No _____

(b) What have you seen, heard, or read? _____________________________________________________

_____________________________________________________

_____________________________________________________

44. Do you or does any relative or friend know or have an connection with any 

of the defendants?

Wadih el-Hage Yes ____ No ____

Mohammed Sadeek Odeh Yes ____ No ____

Mohamed al-’Owhali Yes ____ No ____

Khalfan Khamis Mohamed Yes ____ No ____

(a) Have you seen, heard, or read anything about any of the defendants? 

This includes not only from the media, but anything you may have

heard from friends, relatives, or co-workers.

Yes _____ No _____

(b) What have you seen, heard, or read? _____________________________________________________

_____________________________________________________

_____________________________________________________
United States v. El-Hage: Juror Questionnaire 12

45. Several individuals have been charged in the indictment in this case but

will not be defendants in this trial. Do you, or does any relative or friend, know or have any connection with any of these defendants?

Usama bin Laden Yes ____ No ____

Muhammed Atef Yes ____ No ____

Ayman al Zawahiri Yes ____ No ____

Khalid al Fawwaz Yes ____ No ____

Ibrahim Eidarous Yes ____ No ____

Adel Abdel Bary Yes ____ No ____

Fazul Abdullah Mohammed Yes ____ No ____

Mustafa Mohamed Fadhil Yes ____ No ____

Ahmed Khalfan Ghailani Yes ____ No ____

Fahid Mohammed Ally Msalam Yes ____ No ____

Mamdouh Mahmud Salim Yes ____ No ____

Sheikh Ahmed Salim Swedan Yes ____ No ____

(a) Have you seen, heard, or read anything about any of these individuals? This includes not only from the media, but anything you may

have heard from friends, relatives, or co-workers.

Yes _____ No _____

(b) What have you seen, heard, or read? _____________________________________________________

_____________________________________________________

_____________________________________________________
United States v. El-Hage: Juror Questionnaire 13

46. (a) Do you, or does any relative for friend, know or have any connection with any of the following defense lawyers or their staff?

Attorneys

Sandra A. Babcock Yes ____ No ____

David P. Baugh Yes ____ No ____

Frederick Cohn Yes ____ No ____

Joshua L. Dratel Yes ____ No ____

Laura K. Gasiorowski Yes ____ No ____

Carl J. Herman Yes ____ No ____

Kristian K. Larsen Yes ____ No ____

Marshall Mintz Yes ____ No ____

Anthony L. Ricco Yes ____ No ____

David Ruhnke Yes ____ No ____

Sam A. Schmidt Yes ____ No ____

Jeremy Schneider Yes ____ No ____

David Stern Yes ____ No ____

Edward D. Wilford Yes ____ No ____

Staff

Georgia Alikakos Yes ____ No ____

Diana Barrett Yes ____ No ____

Elizabeth Besobrasow Yes ____ No ____

Robert Hirschorn Yes ____ No ____

Kevin Johnson Yes ____ No ____

Nadia Kahf Yes ____ No ____

Katie Tempone Yes ____ No ____

(b) Have you seen, heard, or read anything about any of these attorneys

or their staff? This includes not only from the media, but anything

you may have heard from friends, relatives, or co-workers.

Yes _____ No _____

(c) What have you seen, heard, or read? ________________________

_____________________________________________________

_____________________________________________________

47. The judge who will preside over this case is Judge Leonard B. Sand of the

United States District Court for the Southern District of New York. Do

you, or does any relative or friend, know or have any connection with

Judge Sand or any of his staff?

Yes _____ No _____
United States v. El-Hage: Juror Questionnaire 14

48. Is there any particular news program, magazine, newspaper article, or

broadcast about this case, the defendants, or the embassy bombings that

has made a lasting impression on you?

Yes _____ No _____

If yes, what was the program, article, or broadcast? ___________________________________________________________

Is there anything you have seen, heard, or read that would interfere with

your ability to render a fair verdict in this case based solely on the evidence presented in court?

Yes _____ No _____

49. Before you came to court today, were you aware that the United States

embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, were bombed

on August 7, 1998?

Yes _____ No _____

50. This case is likely to receive ongoing media attention. The court wants to

make sure that this case is decided solely on the evidence in the courtroom 

and not based on things that are said outside the courtroom. Accordingly, the court will be advising you periodically that you must avoid reading

about the case in the newspapers or listening to any radio or television reports about the case. The court will also advise you periodically that you

must avoid discussing this case with friends or family during the course of

the trial. Would these requirements pose any difficulty for you?

Yes _____ No _____
United States v. El-Hage: Juror Questionnaire 15

Experience with Courts

51. (a) Have you ever:

(i) sat as a juror in a civil case?

Yes _____ No _____

(ii) sat as a grand juror?

Yes _____ No _____

(iii) sat as a juror in a criminal case?

Yes _____ No _____

(b) Have you ever been a juror in a case where the jury was unable to

reach a verdict?

Yes _____ No _____

(c) If you have served on a jury, please list below (1) the approximate

date(s); (2) whether you served in state court or federal court;

(3) whether it was a grand jury or a trial jury; (4) whether it was a

criminal case or a civil case; (5) what the general nature of the case

was (for example, robbery, murder, contract, negligence, medical

malpractice, etc.); and (6) whether or not a verdict was reached. If

so, do not state what the verdict was.

(1)

Date

(2)

State or 

federal

(3)

Grand 

jury or 

trial jury

(4)

Criminal 

or civil

(5)

Nature 

of case

(6)

Was 

there a 

verdict?

If you need additional space to complete this or any other answer, 

please write “continued,” go to the blank pages at the back of the 

questionnaire, indicate the number of the question, and continue 

your answer.

52. Have you ever been questioned in any matter by the United States Department of Justice, the New York City Police Department, or any investigative agency of the United States, including the Federal Bureau of Investigation, the DEA, the IRS, or any other state or federal investigative

agency? 

Yes _____ No _____

If yes, please explain the circumstances. ___________________________________________________________

___________________________________________________________

___________________________________________________________
United States v. El-Hage: Juror Questionnaire 16

53. Have you, or has a family member or close friend, ever been falsely accused of a crime?

Yes _____ No _____

If yes, please explain the circumstances. ___________________________________________________________

___________________________________________________________

___________________________________________________________

54. Have you, any family member, or friend ever worked for any federal, state, 

or local law enforcement agency? (For example, NYPD, State Police, Sheriff, F.B.I., C.I.A., D.E.A., Probation and Parole, Corrections, U.S. Customs, Secret Service, etc.)

Yes _____ No _____

If yes, please tell us who, what agency, how long, and the highest rank

achieved? ___________________________________________________________

55. Have you or a relative or friend ever worked or applied for employment 

with a federal, state, or local agency?

Yes _____ No _____

If yes, what agency? ___________________________________________________________

56. Do you personally, or in connection with your business, have any pending

interest in any legal action or dispute with the United States or any officer, agents, or employees of the United States?

Yes _____ No _____

If yes, please explain the nature of your interest in such proceedings. ___________________________________________________________

___________________________________________________________

___________________________________________________________

57. Are you a vendor or a contractor for the United States government, or do

you work for one?

Yes _____ No _____

58. Do you have any difficulty accepting the principle that non-citizens who

are charged with a crime in a United States court are entitled to the same

rights as United States citizens?

Yes _____ No _____
United States v. El-Hage: Juror Questionnaire 17

59. Have you ever attended law school? 

Yes _____ No _____

60. Do you have any close friends or relatives who are lawyers or who have

attended law school? 

Yes _____ No _____

61. Do you, or does any relative or friend, work for a criminal lawyer or private investigator? 

Yes _____ No _____

62. Do you know anyone who has been connected with the criminal justice

system such as judges, law clerks, court attendants, court clerks, other

types of court personnel, probation officers, or persons connected with any 

penal institution, jail, or penitentiary? 

Yes _____ No _____

63. Have you or anyone close to you ever been charged with a crime or been

the subject of a criminal investigation? 

Yes _____ No _____

64. Have you ever appeared or testified as a witness in any investigation or

legal proceeding? 

Yes _____ No _____

65. Do you believe that you, a member of your family, or a close friend has

ever been directly or indirectly affected in any way by a terrorist act or

threat?

Yes _____ No _____

66. The court will instruct you that the testimony of a law enforcement officer

is entitled to no greater weight or lesser weight than that of any other witness. Do you have any difficulty accepting that statement? 

Yes _____ No _____

67. You may hear testimony in this case concerning the use of accomplices or

informants by federal authorities in their investigations. One or more of

those individuals may be called to testify in this case and you may learn

that some of the individuals have participated in serious crimes. The court

wishes to advise you that there is nothing illegal or improper about the

government using accomplices or informants to investigate a case. Do you

have strongly held feelings against the use of informants? 

Yes _____ No _____

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

Yes _____ No _____
United States v. El-Hage: Juror Questionnaire 18

69. Have you, or has a family member or close friend, ever been the victim of

a serious crime other than burglary or car theft? 

Yes _____ No _____

70. There will be evidence in this case consisting of tape recordings of conversations taking place in given locations or over the telephone, through the

use of electronic devices commonly known as “bugs” or “wiretaps.” Before received in evidence, the court will have ruled that this evidence is 

lawfully before you. Do you have strongly held views against the use of

secretly tape-recorded conversations or “wiretaps” or “bugs”? 

Yes _____ No _____

71. There may also be evidence obtained from photographic and physical surveillance as well as evidence seized pursuant to searches of various places, 

including the homes of some of the defendants. Do you have any feelings

against the use of lawfully conducted surveillance or searches?

Yes _____ No _____

72. To your knowledge, have you or any close friend or relative ever been the

subject of a surveillance (visual, photographic, or electronic) by law enforcement or had a car or home searched by law enforcement officers?

Yes _____ No _____

73. The evidence in this case will include pictures of the bodies of the people

who were killed and injured in the embassy bombings in Kenya and Tanzania in 1998 and testimony of people who suffered those injuries. Is there

anything about having to view and hear such evidence that would interfere

with your ability to arrive at a verdict of guilty or not guilty as to any of

the individual defendants?

Yes _____ No _____

If yes, please explain. ___________________________________________________________

___________________________________________________________

___________________________________________________________
United States v. El-Hage: Juror Questionnaire 19

Religion

74. What, if any, is your current religious affiliation? ___________________________________________________________

75. What, if any, religion were you raised in? ___________________________________________________________

76. Have you ever experienced what you believe to be discrimination against

you because of your religious beliefs?

Yes _____ No _____

If yes, please explain. ___________________________________________________________

77. Do you know anyone who practices the faith of Islam?

Yes _____ No _____

78. How knowledgeable are you about the history and practices of Islam?

Very knowledgeable _____ Somewhat knowledgeable _____ Not too knowledgeable _____ Not knowledgeable at all _____

79. Is there anything about a case where all the defendants are Muslim that

would make it hard for you to serve as a juror?

Yes _____ No _____

80. Do you have any strong views against the religion of Islam or its adherents?

Yes _____ No _____

81. Have you ever traveled outside the United States?

Yes _____ No _____

If yes, please explain where and when. ___________________________________________________________

___________________________________________________________

___________________________________________________________
United States v. El-Hage: Juror Questionnaire 20

82. Some of the defendants in this case are of Arab, Middle Eastern, and African descent.

(a) Are you, or any relatives or close friends, of Arab, Middle Eastern, or African descent?

Yes _____ No _____

(b) Do you work, or have you worked, with any people of Arab, Middle 

Eastern, or African descent?

Yes _____ No _____

(c) Do you socialize with any people of Arab, Middle Eastern, or African descent?

Yes _____ No _____

(d) Do you have any negative feelings or opinions about people of

Arab, Middle Eastern, or African descent?

Yes _____ No _____

If yes, please explain. _____________________________________________________

_____________________________________________________

_____________________________________________________

83. Do you believe that there is a law enforcement bias against people of

Arabic descent or people of the Islamic faith?

Yes _____ No _____

If yes, please explain. ___________________________________________________________

___________________________________________________________

___________________________________________________________ Potential Punishment

In this case, two of the men on trial—Mohamed al-’Owhali and Khalfan Khamis

Mohamed—face a potential sentence of death. In a case where individual jurors

may have to consider death as a possible punishment, it is important that we

know your thoughts and opinions regarding the death penalty.

If either Mohamed al-’Owhali or Khalfan Khamis Mohamed is found guilty

of capital crimes, there will be a second phase of the trial—the penalty phase. The first phase of the trial deals only with evidence on the question of whether or 

not the government has proved beyond a reasonable doubt the guilt of each of the 

four defendants. During this stage of the trial, the possibility of punishment must

not enter into your deliberations at all.
United States v. El-Hage: Juror Questionnaire 21

If the jury determines that either defendant Mohamed al-’Owhali or Khalfan

Khamis Mohamed is guilty of murder, the jury’s service will not be over. The

same jury must also decide whether or not the defendant they are considering is

to be sentenced to death or to life imprisonment without possibility of release. That phase of the trial is expected to last three to four weeks.

During the second stage, the government would have the opportunity to introduce evidence as to certain things referred to in the law as aggravating factors, 

or the circumstances that make the crime particularly serious and therefore that

tend to favor the imposition of the death penalty. Mr. al-’Owhali and Mr. Mohamed would have the opportunity at such a hearing to demonstrate to you the

existence of what are referred to as mitigating factors, or the circumstances about 

the crime or about the individual defendant that would suggest that the death penalty is not appropriate in this case.

Before the jury could vote to impose the death penalty, it would have to be

persuaded unanimously and beyond a reasonable doubt that the defendant had the 

requisite state of mind when he engaged in the crime and that at least one of the

specific aggravating factors identified by the government exists. Moreover, before a jury could vote to impose the death penalty, it would also have to be persuaded unanimously that the aggravating factors it found to exist outweigh any

mitigating factors that one or more jurors found existed. Even if the jury did not

find any mitigating factors, it would still have to be persuaded unanimously that

the aggravating factor or factors were themselves sufficient to justify a death sentence. Absent such unanimous agreement, a jury could not vote to impose the

death penalty.

In sum, a jury is never required to impose a sentence of death upon a defendant. You should know, however, that if the jury does decide to impose the death 

penalty this court would be required to impose that sentence. Similarly, if you

decide to impose life imprisonment without parole—an option that would also be 

available to you—the court would be required to impose that sentence. In other

words, the court could not change your decision.

Obviously, what I have just stated is only an overview of the law applicable 

to a jury’s consideration of the death penalty. If this case were ever to require a

sentencing hearing—and remember that each of the defendants is presumed innocent of each of the charges that have been brought against him—the court will

instruct the jury in more detail about its duties.

84. Please circle the number that best reflects your opinion regarding the death 

penalty.

Strongly Strongly

Oppose Favor

1 2 3 4 5 6 7 8 9 10
United States v. El-Hage: Juror Questionnaire 22

85. How do you feel about the death penalty? _________________________

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86. In your opinion, is the death penalty in our society: (Circle all that apply.)

(a) Useful

(b) Necessary

(c) Counterproductive

(d) Inhumane

(e) Other: Please explain. ___________________________________

87. Please circle the answer or answers that best correspond to your views on

the death penalty. (You may select more than one.)

(a) The death penalty should be imposed in every case where someone

deliberately takes the life of another person.

(b) While I favor the death penalty, I do believe that there are rare cases 

where the death penalty should not be imposed even if someone has

deliberately murdered another person.

(c) While I am somewhat in favor of the death penalty, I do not believe

it should be used as a punishment for most cases, even where a person has been deliberately murdered.

(d) I have no views one way or the other on the death penalty.

(e) While I am somewhat opposed to the death penalty, I do believe that 

there are many cases where a death sentence should be imposed.

(f) While I am strongly opposed to the death penalty, I do believe there 

are some cases where a death sentence should be imposed.

(g) The death penalty should never be imposed.

88. If the law and the evidence leads to a conclusion that is contrary to your

present personal beliefs concerning the death penalty, could you set aside 

your own views and act in accord with the court’s instructions?

Yes _____ No _____ Not Sure _____

Please explain. ______________________________________________

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United States v. El-Hage: Juror Questionnaire 23

89. If the evidence in this case convinces you that the death penalty is appropriate, could you vote to impose the death penalty?

Yes _____ No _____ Not Sure _____

Please explain. ______________________________________________

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90. Do you believe that the death penalty is sought and imposed unfairly?

Sometimes _____ Always _____ Never _____

Please explain. ______________________________________________

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91. (a) Have you read or heard anything concerning an attack by defendant

Khalfan Khamis Mohamed on corrections officers which caused one 

officer serious injury?

Yes _____ No _____

(b) If you were to learn that such an attack took place and found that

Khalfan Khamis Mohamed participated in the attempted murder of a 

corrections officer, would it alter any of your answers to questions

84 through 90 as to defendant Khalfan Khamis Mohamed?

Yes _____ No _____ Uncertain _____

Conclusion—Miscellaneous Information

92. At the conclusion of the case, it is the court’s task and duty to charge you

on the law and explain to you the elements of the crimes charged in the indictment. Do you have personal, religious, philosophical, or other beliefs

as to what the law is or should be that would make it difficult for you to

follow the instructions of the court?

Yes _____ No _____
United States v. El-Hage: Juror Questionnaire 24

93. Is there anything about the nature of the charges in this case that would

affect your ability to fairly evaluate the evidence regarding whether or not

the government has proven the guilt of the defendants beyond a reasonable 

doubt? 

Yes _____ No _____

If yes, please explain. ___________________________________________________________

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94. Is there any reason that you could not be completely fair and impartial to

the defendants in this case?

Yes _____ No _____

95. Is there any reason that you could not be completely fair and impartial to

the government in this case?

Yes _____ No _____

If you answered “yes” to question 94 or question 95, please explain. ___________________________________________________________

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96. Is there any matter not covered by this questionnaire that you feel you

should tell us about?

Yes _____ No _____

If yes, please explain. ___________________________________________________________

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Juror Number: __________________ Date: _________________________
United States v. El-Hage: Juror Questionnaire 25

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United States v. El-Hage: Juror Questionnaire 27

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