U.^. DISTRICT COURT D'ISTRlcr OF N.H. UNITED STATES DISTRICT COURT FILED

FOR THE DISTRICT OF NEW HAMPSMfR,E

8: 21

UNITED STATES OF AMERICA)

v. ) Criminal No. 1:06-cr-00071-SM

ELAINE A. BROWN, and )

EDWARD LEWIS BROWN, )

Defendants )

DEFENDANT'S PROPOSED STATEMENT OF THE CASE

AND VOIR DIRE QUESTIONS

PROPOSED VOIR DIRE QUESTIONS

Ladies and gentlemen, it is extremely important to both the prosecution and the defense

that the jury seated in this case be fair and impartial. Many people have had experiences

in their lives which influence the way they think about certain things. These experiences

can affect the way a prospective juror will act in a case and whether that prospective juror

can accept and apply the law as it is to a certain factual situation. A person may be

qualified to sit as a juror in one kind of case but not in another. We are now about to pick

a jury in this case.

1. DESCRIPTION OF CASE

On April 5, 2006, a grand jury made an indictment charging the defendants with a variety

of tax offenses . The indictment charges both defendants with one count of conspiracy to

defraud the United States, one count of conspiracy to structure financial transactions and

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one count of avoiding the currency transaction requirements. The indictment also charges

Elaine Brown with five counts of tax evasion, eight counts of failing to collect

employment taxes and one count of structuring . The defendants were arraigned on May

24, 2006. At their arraignments , the defendants entered pleas of not guilty to all counts.

II. VOIR DIRE

The Defendants hereby request that in addition to the Court's usual voir dire the

following questions also be asked of the panel. It is important that you each answer the

following questions truthfully and accurately.

1. A fundamental principle of our legal system is that when a person is charged with

a criminal offense, he is presumed to be innocent unless and until the government proves

guilt beyond a reasonable doubt. Mr. and Mrs. Brown do not need to produce any

evidence whatsoever to prove their innocence. If you are selected as a juror in this case,

how many of you will have difficulty applying this rule of law?

2. Have you heard anything about this case from any source whatsoever?

3. How many of you now have any opinion as to Mr. and Mrs. Brown' s guilt or

innocence?

4. Are you a U.S. Citizen?

5. How many of you feel that you might have some difficulty presuming that Mr.

and Mrs. Brown are innocent of the charges against them in this case?

5. Mr. and Mrs. Brown are presumed innocent of the charges against them, and have

no obligation to call any witnesses.

6. Do any of you know any of the people in this case?

7. What town or city do you live in?

8. Are any of you, your close family or friends lawyers or law students or have any

of you ever studied law in the past?

9. Have any of you, your close family or friends ever worked, either formally or

informally , or applied for employment with, a law enforcement agency? By law

enforcement agency I mean organizations such as the Police Department, F.B.I., the

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State' s Attorney's or District Attorney' s Office, the United States Attorney' s Office,

C.I.A., I. R.S., B.A. T.F., Secret Service, Military Police, U.S. Customs Office, GSA

Guards, D.C. building police, private security firms and the like?

10. Have any of you (or your close friends or relatives) ever worked for either a

Federal or local court system in any capacity?

11. Have any of you ever served on a grand jury or a petit jury (civil or criminal) in

either the Federal or a local or state court system?

12. Have any of you ever sat before on a criminal jury. If so, what kind of case was it

and what verdict, if any, did the jury reach?

13. Do you feel that the Federal Government is good to the people?

14. Have any of you formed any opinions about either prosecutors or attorneys which

would affect you in deciding this case?

15. Is there anything about the nature of this case which you think would make it

difficult for you to try the issues fairly and impartially without any prejudice or bias?

16. To reach a verdict, every juror must agree on the verdict. That is, any verdict must

be unanimous. In deliberations you must consider the opinions and points of your fellow

jurors. In the final analysis, however, you must follow your own conscience and be

personally satisfied with any verdict.

17. Would any of you have difficulty expressing your own opinions and thoughts

about this case to your fellow jurors?

18. Do any of you feel that you would tend to go along with the majority ofjurors

even if you did not agree just because you were in the minority?

19. Did you have to testify at any proceeding in or out of court?

What was the result of that proceeding?

20. Have you served as a juror in this Court or any other Court? If so (a) did you

deliberate to a verdict and (b) would your previous experiences as a juror tend to

influence your decision in this case in any way?

21. Have you always paid your income tax and believe that everyone else should also

always pay their income tax?

22. Would you prefer, for any reason, not to sit on this case?

23. If you were to put yourself in the Defendant's place, is there any reason why you

would not want someone like yourself to sit on this jury?

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24. If you were to put yourself in the prosecutor's place, is there any reason why you

would not want someone like yourself to sit on this jury?

25. Is there anything in any of the questions that I have asked you which causes doubt

in your mind as to your ability to reach a verdict based upon the evidence offered in this

courtroom alone?

26. Do you have any friends or relatives who are judges or attorneys?

27. . This trial is expected to last days. Do you have any reason why you could

not serve on this jury for that length of time?

28. Do you know of any reason why you could not serve on this jury if selected?

29. Is there any reason at all why you can't be absolutely fair to the defendants in this

case?

30. Having heard all the questions put to you, do you know of any reason why you

could not sit on this jury and render a fair verdict based on the evidence presented and the

legal instructions I give you?

The presentation of additional voir dire questions is within the discretion of the trial

judge. We ask this Court to exercise its discretion in favor of asking these questions.

Where a person' s liberty is at stake , a small amount of additional time spent in attempting

to ensure fairness is well worthwhile.

Respectfully submitted,

Date

Prepared and submitted by:

E aine A. Brown

c/o 401 Center of Town Road

Plainfield, New Hampshire

Edward L. Brown

c/o 401 Center of Town Road

Plainfield, New Hampshire

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CERTIFICATE OF SERVICE

1, Edward L. Brown, certify that I delivered via hand delivery, a true and correct copy of

the above and foregoing NOTICE AND MOTION to the office of the Clerk of Court U.S.

District Court, District of New Hampshire, at 55 Pleasant St., Concord, NH 03301-0001

for entry into the record and to William E. Morse in the office of THOMAS P.

COLANTUONO, the United States Attorney for the District of (NH) located at 53

Pleasant St. Concord, NH 03301-0001.

Date d(' k,,,7- Ocl7

Edward L. Brown

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