FILED RM —

GLYNN CO. CLERK'S OFFICE

Filed 7/14/2021 3:22 PM
Accepted 7/14/2021 3:38 PM
CASE # CR—2000433

mow M
IN THE SUPERIOR COURT OF GLYNN COUNT CLERK SUPERIOR COURT
STATE OF GEORGIA
STATE OF GEORGIA

v. : INDICTMENT NO.
CR-2000433
TRAVIS MCMICHAEL
GREGORY MCMICHAEL,

Defendants.
5.1
MOTION FOR SPECIFIC PROCEDURES NECESSARY TO ENSURE THE
SELECTION OF A FAIR AND IMPARTIAL JURY

Travis McMichael and Gregory McMichael, through counsel, move

for the following specific jury selection procedures in this case, pursuant to

the Due Process clauses of the United States and Georgia Constitutions.

U.S. Const. amends. VI, XIV; Ga. Const. Art. I, Sec. I, Par. I, XI.

Introduction

The extraordinary amount of public attention, comment, and

speculation in this case presents significant challenges to seating a fair and

impartial jury. ”A fair trial in a fair tribunal is a basic requirement of due

process.” In Re Murchison, 349 U.S. 133, 136 (1955); see also Ellington v. State,

292 Ga. 109, 123 (2012) (”A fair trial before an impartial factfinder is a
fundamental component of due process of law.”). In these circumstances,
careful attention to the manner and method of jury selection ”to prevent

even the probability of unfairness” is required. Id. ”The single purpose for

voir dire is the ascertainment of the impartiality of jurors, their ability to

treat the cause on the merits with objectivity and freedom from bias and

prior inclination.” I/Vhitlock v. State, 230 Ga. 700, 705 (1973); see also, e.g.,

Alexander v. State, 294 Ga. 345, 346-47 (2013).

The defense attorneys signing off on this Motion, with a combined

111 years of criminal trial experience, including the selection of death

qualified juries, as well as cases with significant pre-trial publicity, have

worked for hours to formulate a plan that we believe best melds the work

necessary to select a constitutionally proper jury with the realities of

respecting the time and resources of this Court and the jurors, resulting in a

procedure that will accomplish this constitutional imperative in the most

time-efficient way possible. The process is a three-step funneling method,

beginning with the juror questionnaire, then individual sequestered voir

dire on issues of publicity/knowledge of the case, race, and hardship,

concluding with panel voir dire on all the remaining, relevant issues that

will enable counsel to intelligently exercise their peremptory strikes.

 OUTLINE OF THE PROCEDURE

We will set forth our suggested procedure, first, in outline format and

then explain each step in greater detail, with authority, below.

Step One: Iuror Questionnaire:

A. The Court has set Monday, October 18, 2021, at 9:00 a.rn., as the

date and time the summoned jurors will report to the Glynn County

Courthouse for jury duty.

B. The Court will swear them in, administer a preliminary

instruction, and then have every member of the venire complete the Juror

Questionnaire.1 Upon completion of the questionnaire, the jurors may

leave the courthouse after receiving from the jury clerk a slip of paper with

the juror call-in number, indicating their need to call the number that

evening for their instructions.

C. The jury clerk will scan the completed juror questionnaires and

email them to attorneys for the state and the defense.

1
A Proposed Questionnaire is attached to this Motion as Exhibit 1.
 D. Attorneys for the state and defense will confer on the following

morning to identify which prospective jurors they agree should be excused

for cause, based upon their questionnaire answers.

E. Court will reconvene on Tuesday, October 19, 2021, at 1:00

p.m., whereupon the parties will place on the record those stipulated cause

strikes for the Court’s ruling.

Step Two: Individual Sequestered Voir Dire on Issues of Publicitv/

Knowledge of the Case, Impairment, and Hardship

A. The first 12 jurors will be told by the jury clerk to report at 2:00

p.m., on Tuesday, October 19, 2021. They will be brought into the

courtroom individually for the lawyers to inquire into their knowledge of

this case, any questionnaire responses that signal legal impairment, race,

and/ or to explore any hardship that they have revealed on their juror

questionnaires.

B. All challenges for cause will be made once each juror leaves the

courtroom and before the next prospective juror is brought into the

courtroom.

C. No press will be permitted to be present for individual,

sequestered voir dire.

Step Three: Panel Voir Dire

A. Once individual sequestered voir dire is completed, we will

begin panel voir dire, with panels of 12. The lawyers will explore any

remaining, relevant issues. All Challenges for cause will be made and

ruled-upon after each panel is released.

B. Once a sufficient number of potential jurors have been qualified

to serve, the Court Will instruct the jury clerk to release the remaining

potential jurors and to leave a message instructing the qualified jurors to

return to court the following morning at 9:00 a.m3., for the exercise of

peremptory challenges.

Striking of the lury

A. The jury list will be passed between the parties to either accept

or exercise a peremptory strike, until the jury and alternates are selected.

B. Any objections to peremptory challenges will be made outside

the presence of the venire before any prospective juror is released.

3If it appears on one day that we would be likely to reach the "magic number” early the
next day, then the Court will instruct the jury clerk to place a message on the jury call-in
number for the entire remaining venire to report the following afternoon.
 C. The jury will be seated, without identification of alternates4,

sworn, and the trial will commence.

DISCUSSION OF EACH STEP

Step One: Iuror Questionnaire

All prospective jurors will report to a designated area Where they will

be assigned a juror number that will remain with them throughout the

process. Glynn County Courthouse security officers will follow the current

rule in prohibiting anyone entering the courthouse to bring with them any

electronic device including cell phones, iPads, notebooks, or laptops.

Once the prospective jurors have been assembled, the Clerk will take

the roll, noting any absent jurors. The Court should then make these

prefatory remarks:

Ladies and Gentlemen, you have been summoned to

serve as prospective jurors in the case of State of Georgia
v. Travis McMichael, Gregory McMichael and William
”Roddie” Bryan. These men are charged with the killing
ofAhmaud Arbery. I will now read the indictment the
state has brought against them to you.

[Indictment is read]

4 See defense motion 5.3.

 To this indictment that I have just read to you, the
defendants have pled not guilty and deny each and every
allegation therein. Keep in mind that thefact these charges
have been brought is not evidence ofany guilt.

Beginning today, I am ordering each ofyou not to

read, listen to, or discuss, either in-person, in the
newspaper, on television, on the radio or on social media
about this case or about this jury selection process.

Today, you are ordered toll out a questionnaire to

help us learn about each ofyou. After you complete this
questionnaire, you may drop it in the box at the door, pick
up the slip of paper om the Clerk that gives you your
juror number and the juror call-in phone number that you
must call this eveningforfurther instructions. Once you
have that document, you may leave the courthousefor the
day. The only people who will ever be permitted to see
your completed questionnaires are the lawyers and the
court. The public, including the media, will not be able to
read them.

The law requires you to answer each question on the

questionnaire honestly and completely. I will now have
you stand and raise your right hands so that I can swear
you to do so. Do you, and each of you, swear or airm
under penalty ofperjury, to tell the tru th, the whole tru th,
and nothing but truth, in your responses to the written
questionnaire? Is there any one of you who does not so
swear or airm?

Beneath each ofyour chairs is a clipboard with a pen

and the questionnaire.5 Please take as much time as you
need to complete it. Do not speak aloud to yourself or to
anyone else during this time.

5 Defense counsel will prepare these materials if the Court requests.

 As prospective jurors return their completed questionnaires and

leave the courthouse, the jury clerk will note the juror number and provide

to that prospective juror a pre-prepared slip of paper with the jury call-in

phone number and a reminder for that juror to call that number after 5:00

p.m. that evening for further instructions.

The clerk's office will scan the completed questionnaires and forward

them to all of the attorneys in the case and the originals will be given to the

Court. Defense counsel will provide personnel to assist with this process if

the Court requests. Defense counsel anticipates that this can be completed

by mid-afternoon.

Why are questionnaires necessary in this case? The pretrial publicity

and social media commentary about this case has been unprecedented,

misinformation is staggering, and the emotions associated with this case

range from heartbreaking to vitriolic. We must do everything possible to

seek candid responses from potential jurors Without tainting the venire. A

well-crafted juror questionnaire is a necessary step to achieving those

goals. It is also the smoothest way to identify those potential jurors who

have had experiences or hold beliefs that, through their written responses,

both parties will agree would make it impossible for them to serve. It will
streamline the process of identifying the obvious cause strikes so that Court

resources do not have to be used to question them in person.

To that end, the attorneys will have the rest of that day and the

following morning of October 19, 2021, to review the questionnaire

responses and then confer with opposing counsel about those prospective

jurors Whose answers render them unqualified to serve. At 1:00 p.m. on

October 19, 2021, counsel will appear before the Court to present these

stipulated challenges for cause and receive the Court’s rulings.

Step Two: Individual Sequestered Voir Dire on Issues of Publicity/

Knowledge of the Case, Impairment, Race, and Hardship

At 2:00 p.m., on October 19, 2021, the first 12 potential jurors will

have been advised to report to Court whereupon we will begin the process

of individual, sequestered voir dire (”ISVD”). The prospective jurors will

be brought into the Courtroom individually. The Court will ask each

prospective juror to verify under oath that the information on the

prospective juror’s questionnaire is true and complete. The attorneys may

then question the potential juror concerning:

 (a) publicity and knowledge of the case,

(b) any questionnaire response that suggests the juror is not

impartial;

(c) the subject of race; and

(c) any hardship request.

After each prospective juror leaves the room, the parties may make a

challenge for cause to that juror.

Why is Individual, Sequestered Voir Dire necessary in this case? This

process is necessary to protect the Defendants’ constitutional guarantee of

a fair trial. When pretrial publicity is potentially damaging to the

defendant’s right to a fair trial, ”its effect upon the jury pool warrants

careful consideration.” Gissendcmer v. State, 272 Ga. 704, 707 (2000). ”If it is

likely that any prospective jurors have been exposed to prejudicial

publicity, they should be individually questioned to determine What they

have read and heard about the case and how any exposure has affected

their attitudes toward the trial.” ABA Standards for Fair Trial and Public

Discourse, Standard 8-5.4; see also Martinez v. Ryan, 566 U.S. 1, 2011 WL

3564754 at *2 (Aug. 11, 2011) (ABA Standards for Criminal Justice

10
”represent a collection of ’best practices’ based on the consensus Views of a

broad array of professionals involved in the criminal justice system."). In

the trial of the accused Boston Marathon bomber, the trial court’s refusal to

conduct a ”searching voir-dire inquiry” on pretrial publicity was reversible

error. United States v. Tsarnaev, 968 F.3d 24, 61 (2020), cert. granted, 141 S.Ct.

1683 (Mar. 22, 2001). ”Far from reinforc[ing] potentially prejudicial

information, content-specific questioning would have brought such

material front and center . . . thus putting the judge in a position to take

any necessary measures to protect Dzokhar’s fair-trial rights.” Id. Given

the pervasive pretrial publicity in this case, individual questioning on the

exposure and effect of that information on prospective jurors is essential to

avoid infecting the entire panel.

The United States Supreme Court and the Georgia Supreme Court

have held, when a case involves an interracial capital crime, the parties

must be permitted to question potential jurors about their Views of race in

order to assess ”any fact or circumstance indicating any inclination,

leaning, or bias which the prospective juror might have respecting the

subject matter of the action . . . or parties thereto.” Turner v. Murray, 476

U.S. 28, 106 S.Ct. 1683, 90 L.Ed.2d 27 (1986) and Legare v. State, 348 S.E.2d

11
881, 256 Ga. 302 (1986). Handling this sensitive and controversial matter in

ISVD enables potential jurors to more comfortably express their honest

Views in a safe environment and, if the juror has strong, unwavering

opinions or begins to share emotional experiences, the rest of the venire

will not be tainted by encouraging that juror to share those beliefs and

experiences candidly.

Additionally, because hardship claims often involve private matters

and to avoid copycat claims by other members of the venire, that topic is

almost always handled by individual, sequestered voir dire.

Step Three: Panel Voir Dire

Following individual voir dire of each prospective juror, the process

of panel voir dire can begin. The first twelve remaining prospective jurors

will be seated in the courtroom After swearing in the panel as provided

by O.C.G.A. § 15-12-132, the Court will read the following:

I want to emphasize to you that the indictment,

including all the counts therein, and the plea ofnot guilty,
are the legal procedures by which these criminal charges
are brought. The charges and plea of not guilty are not
evidence of guilt, and you should not consider them as
evidence or implication ofguilt of any crime whatsoever.
These defendants are presumed to be innocent until

6 See Notice for Panels of 12, Defendants’ 5.2

12
 proven guilty. Each defendant enters upon the trial ofthe
case with a presumption ofinnocence in hisfavor, and this
presumption remains with each defendant unless it is
overcome by the State with evidence that is sucient to
convince you beyond a reasonable doubt that each
defendant, individually, is guilty of the crimes charged.

No person shall be convicted of any crime unless

and until each element of the crime is proven beyond a
reasonable doubt. The burden ofproofrests upon the State
to prove every material allegation of the indictment and
every essential element of the crimes charged beyond a
reasonable doubt. There is no burden of proof upon the
defendants whatsoever, and the burden never shifts to the
defendants to prove their innocence. While the State is not
required to prove the guilt of the accused beyond all doubt
or to a mathematical certainty, the law demands a near
certitude ofguilt before a jury may convict.

A reasonable doubt means just what it says. It is a

doubt of a fair-minded, impartial juror honestly seeking
the truth, based upon common sense and reason. It does
not mean a vague or arbitrary doubt, but such a doubt as
would cause a reasonable person to hesitate to act in a
matter of importance to himself or herself. If the State
fails to prove any or all the defendants’ guilt beyond a
reasonable doubt, it is your legal duty to return a verdict
”
of ”not guilty.

To ascertain whether any prospective juror is impaired by an

inability to follow the basic constitutional commands of the presumption of

innocence, and the requirement of proof by the prosecution beyond a

reasonable doubt before conviction may enter, prospective jurors need to

be instructed on these matters before the parties question them. Although

13
the manner of voir dire is within the court’s discretion, that discretion is

limited by the fact that ”part of the guarantee of a defendant’s right to an

impartial jury is an adequate voir dire to identify unqualified jurors.”

Morgan v. Illinois, 504 U.S. 719, 729 (1992). Without clearly informing

prospective jurors of the fundamental constitutional commands they will

have to follow if selected, it is impossible to seat a fair and impartial jury.

Morgan recognized that merely asking general questions about

fairness and impartiality is inadequate because impaired prospective jurors

”could in all truth and candor respond affirmatively, personally confident

that [their] dogmatic Views are fair and impartial, While leaving the specific

concern unprobed.” Id. at 735. Without knowing what the law requires, ”a

prospective juror could, in good conscience, swear to uphold the law” but

be unaware that his or her personal beliefs make that impossible. Id.

Because ”determinations of juror bias cannot be reduced to question-and-

answer sessions which obtain results in the manner of a catechism[,]"

instructing the panel on these fundamental constitutional principles before

the parties question them will safeguard the fairness of the trial itself.

Wainwright o. Witt, 469 U.S. 412, 424 (1985).

14
 Following this instruction, the state and defense may question the

panel members on any issue authorized by O.C.G.A. § 15-12-133.

The challenges for cause will be made outside the presence of each

panel after questioning concludes.

Panels of 12 will be ordered to appear (through the jury call-in

system) in a staggered system; the first panel to arrive each morning at 9:30

a.m., the second panel to arrive at 1:00 p.m., and the third panel to arrive at

3:00 p.m. Panel voir dire will proceed until the necessary number of

qualified jurors has been reached.7 Depending on the time of day that this

number is reached, the entire remaining venire Will be ordered to return

either that afternoon or the morning of the following day to strike the jury.

Striking the lury:

Once the remaining venire of qualified jurors has been seated, the

peremptory challenges will be made by passing the jury list between the

parties. Counsel for the State will indicate acceptance or strike of the first

juror, the paper will be passed to the attorney designated to act for all

defense counsel to mark the defense acceptance or exercise of peremptory

7This “magic number" will be set after the Court rules upon (a) the defense motion for
additional peremptory strikes, and (b) the number of alternates the Court wishes to seat.

15
challenge for the first juror. Once the first twelve jurors are selected, the

process will continue for alternates; however, that selection process will

begin with the first juror following twelve plus the peremptory strikes

allocated for the state and the defense.

Once the alternates have been selected, the Court will call the parties

to the bench to indicate whether there are any challenges to any of the

peremptory strikes. If so, the venire must be excused for the Court to hear

and rule upon any the challenges.

If there are no challenges, or after the challenges have been resolved,

the venire will return to the courtroom and the court clerk will read the

names of the jurors and alternates selected to try this case. The remaining

members of the venire shall be excused. The Court will swear in the jury,

charge them with the preliminary instructions, and the trial can begin.

Conclusion

The procedures set forth in this Motion are designed to both protect

the Defendants’ fundamental constitutional right to a fair trial in the most

expedient and reliable method possible, and to permit the Court to exercise

its profound duty to seat a fair and unbiased jury in this case.

16
 This 14th day of July, 2021.

s/Franklin I. Hogue s Z Laura

D. Hogue
FRANKLIN I. HOGUE LAURA D. HOGUE
Attorney for Defendant Attorney for Defendant
State Bar Number 360030 State Bar Number 786090
Hogue Fitzgerald & Griffin Hogue Hogue Fitzgerald 8: Griffin
341 Third Street 341 Third Street
P.O. Box 1795 P.O. Box 1795
Macon, GA 31202-1795 Macon, GA 31202-1795
478-750-8040 478-750-8040
[email protected] [email protected]

s/ Robert G. Rubin s/ Iason B. Sheffield

ROBERT G. RUBIN JASON B. SHEFFIELD
Attorney for Defendant Attorney for Defendant
State Bar Number 618635 State Bar Number 639719
Peters, Rubin, Sheffield 8: Hodges Peters, Rubin, Sheffield 8: Hodges
2786 North Decatur Road 2786 North Decatur Road
Suite 245 Suite 245
Decatur, GA 30033 Decatur, GA 30033
404-296-5300 404-296-5300
[email protected] [email protected]

17
 Certificate of Service

I hereby certifyby my signature that I have served a copy of 5.1 Motion for Specific Procedures
Necessary to Ensure the Selection of a Fair and Impartial Jury on the Office of the District Attorney
for the Cobb Judicial Circuit by delivering it to District Attorney Flynn D. Broady, Jr., by emailing it to:

Linda Dunikoski
Cobb County District Attorney’s Ofce
70 Haynes Street
Marietta, GA 30090
[email protected]

Courtesy copy:

Kevin Gough
Attorney for William R. Bryan
501 Gloucester Street, Suite 121
P.O. Box 898
Brunswick, GA 31521
[email protected]

July 14, 2021.

s Z Laura D. Hogge
LAURA D. HOGUE

18
 SPECIAL JUROR QUESTIONNAIRE

State of Georgia,

Plaintiff,

vs.

Travis McMichael,
Greg McMichael,
William R. Bryan,

Defendants.

You are a potential juror in the trial of three men the prosecutor has charged with murder and
other crimes in connection with the death of Ahmaud Arbery on February 23, 2020. This
questionnaire must be answered completely as part of yourjury service. As the Court explained,
you are legally obligated to answer each question fully and completely. From this day forward,
DO NOT read or view anything about these cases, or do any investigation or research related to
these cases, or discuss these cases with anyone, including on social media.

The information in this questionnaire is for the judge and attorneys who are involved in this trial
and is legally required information. No one but the judges and the attorneys involved in this
trial will be able to read your questionnaire at any time.

***PLEASE USE BLACK PEN ONLY AND D0 NOT WRITE ON THE BACK OF ANY PAGE.

***
RETURN THIS SHEET AND THE COMPLETED QUESTIONNAIRE TO THE JURY CLERK BEFORE YOU LEAVE
THE COURTHOUSE TODAY.

Your Juror Identication Number:

Your Full Name:

Your Phone Numbers (cell, work, and home):

Your Email Address:

You should bring a picture ID with you when you come to court for the first time.

EXHIBIT 1
Your contact information will remain confidential and available only to Superior Court staff. The parties
and attorneys for the parties will have access to your name, but will refer to you in the courtroom by a
random number assigned by the Superior Court.

By returning the completed questionnaire, you are declaring under penalty of perjury that everything you
have stated in this document is true and correct and that you have answered each question completely.

| understand and do so declare.

Signature:

Signed on this date in Glynn County.

Please answer each one of the following questions completely and honestly. You must answer all
questions. If discussing some of your past experiences would be particularly sensitive, traumatic, or
embarrassing, please write “PRIVATE” next to that answer and the judge and lawyers will address
those questions with you privately. As you answer these questions, please keep in mind that there are
no “right” or “wrong” answers. These questions ask only for your truths. YOU WILL BE REQUIRED TO
SWEAR UNDER OATH THAT YOUR ANSWERS ARE TRUE AND COMPLETE WHEN YOU COME TO
COURT FOR JURY SELECTION.
***Extra blank pages are attached if you need additional room for answers***
 PART |. KNOWLEDGE OF THE CASE

IT IS IMPORTANT FOR THE COURT TO KNOW OF THE DETAILS YOU

REMEMBER ABOUT THESE EVENTS. PLEASE TAKE TIME TO SEARCH YOUR
MEMORY AND PROVIDE A FULL ACCOUNT OF WHAT YOU RECALL FROM
WHAT YOU HAVE HEARD OR SEEN IN THE MEDIA OF FROM ANY OTHER
PERSON OR SOURCE. PLEASE USE ADDITIONAL PAGES, IF NECESSARY.
THIS WILL HELP TO SHORTEN THE JURY SELECTION PROCESS.
On February 23, 2020, Greg McMichael and his son, Travis McMichael, saw Ahmaud Arbery, a 25-year-old Black
man, running down their street in Satilla Shores. Greg McMichael is a 64-year-old white man and Travis
McMichael is a 34-year-old white man. Greg and Travis McMichael drove after Mr. Arbery in their truck because
they believed he was the man who had been committing crimes in their neighborhood. William “Roddie” Bryan, a
50-year-old white man who lived down the street, followed them in his truck. Travis McMichael got out of his truck
carrying a loaded 12-gauge shotgun and shot Mr. Arbery three times, killing him

1. What have you heard about this case?

EXHIBIT 1
 2. Are you related by blood or marriage to any party interested in the result of this case?

3. Are you, this day, a resident of Glynn County, Georgia

4. Have you, for any reason, formed and expressed any opinion in regard to the guilt or innocence of
the defendants?

5. Do you have any prejudice or bias resting on your mind either for or against the accused?

6. ls your mind perfectly impartial between the state and the accused?

7. Are you, or anyone you know, connected in any way to the death of Ahmaud Arbery or any related
events?
D Yes D No If “Yes,” please explain:

8. Have you ever watched video of Ahmaud Arbery’s death on the news or the Internet? D Yes D No
Ifyes, how many times have you seen videos from the incident, in whole or in part, on TV or on the
Internet?
D 1 time D 2-3 times D 4-5 times D 6 or more times

9. Have you ever talked about Ahmaud Arbery’s death with yourfamily, friends, or co-workers, or
discussed it online, for example, on social media? D Yes D No.

If yes, what opinions have you expressed?

10. Did you, or someone close to you, participate in any of the demonstrations or marches against racism in
Georgia or anywhere else during 2020-21?? D Yes, me D Yes, someone close to me D No.
If you participated, explain how many events you attended and where you attended.

lf you participated, did you carry a sign? What did it say? Did you chant any slogans? What were they?

11. Did you or someone you know get injured during the protests against racism that took place during
2020-21? D Yes D No If “Yes,” please explain:
12. Did you or someone you know suffer any property damage during the protests against racism that took
place during 2020-21? D Yes D No If “Yes”, please explain:

13. Do you believe your community has been negatively or positively affected by any of the protests against
racism that took place during 2020-21? Please explain:

14. Regardless of whether you participated, what is your opinion about the protests against racism
that have happened in Georgia and other states in 2020-21?

PART ||. MEDIA HABITS

. What is your primary source of news?

. How often do you read and/or listen to the news? D Every day D Several times a week D Once or
twice a week D Less often than once a week D Never

. Do you ever post comments to any online news stories?

. If you do post comments to any online news stories, please list all the websites and the
handles you use for that purpose.

5. What podcasts do you regularly listen to?

6. Have you listened to any podcasts about this case? D Yes D No If yes, please list them below:

7. How often do you listen to local news on the radio o_r watch news on television? D Every day
D Several times a week D Once or twice a week D Less often than once a week D Neve
5
 Which local radio or television news station do you listen to orwatch most?

How often do you see local news or news related updates on social media sites such as Facebook or
Twitter? I] Every day I] Several times a week I] Once or twice a week D Less often than oncea week
D Never

10. What social media platforms do you use regularly, if any?

How frequently do you visit social media platforms each day? D 1 time D 2-3 times D 4-5 times D 6
or more times D never view any social media.
|

11 . List the handles of all of your social media accounts below.

PART |||. POLICE/PROSECUTION CONTACTS

.
Greg McMichael is a former Glynn County police officer and he also worked as an investigator for the
Brunswick Judicial Circuit District Attorney’s Ofce from 1995 until he retired in 2019. What are your
opinions about the Glynn County Police Department, specifically, and Iaw enforcement in general?

. What are your opinions about the Brunswick Judicial Circuit District Attorney’s Office, specifically, and
prosecutors in general?

. Do you have contact with any law enforcement agencies, employees, officers, or employees of the
District Attorney’s office throughyour work, your neighborhood, or in your social life?
If “Yes," please explain:

. Have you, or someone close to you, ever helped support or advocated in favor of or against police reform?
D Yes I] No If “Yes,“ please explain the circumstances:
 . Have you, or someone close to you, ever been contacted by the police? D Yes D No If “Yes," please
explain the circumstances:

. yes, how did the police handle the contact? D They acted professionally D They acted
If

unprofessionally D They were verbally abusive D They used excessive force

. Have you, or someone close to you, ever been the victim of a crime where the police were called?
D Yes D No If “Yes," please explain the circumstances:

. Were you satisfied or unsatised with how the police responded? DVery satisfied D Somewhat
satisfied D Somewhat unsatisfied D Very unsatised

. Have you ever personally seen the police use more force than was needed? D Yes D No
If “Yes,” please explain:

10. Have you, or someone close to you, ever been charged with a crime? D Yes D No If “Yes," please explain
the circumstances:

11. Were you satised or unsatisfied with how the prosecution handled the case? DVery
satised D Somewhat satisfied D Somewhat unsatisfied D Very unsatised

12. Have you, or someone close to you, ever been the victim of a crime that was prosecuted in court?
D Yes D No If “Yes," please explain the circumstances:

13. Were you satised or unsatisfied with how the prosecution handled the case? DVery
satised D Somewhat satisfied D Somewhat unsatisfied D Very unsatised
14. Do you believe that property crimes (theft, burglary, vandalism, trespass, etc.) are a
serious problem in Glynn County? D Yes D No If “Yes,” please explain:

15. Do you believe that private people taking the law into their own hands is a serious
problem in Glynn County or anywhere in the United States? D Yes D No If “Yes,”
please explain:

16. Please circle the choice that reects your honest opinion:

Strongly Somewhat Somewhat Strongly

Aqree Aqree Disaqree Disaclree
a. Discrimination is not as bad as the media 1 2 3 4
makes it out to be.

b. Blacks and other minorities do not receive 1 2 3 4

equal treatment as whites in the criminal
justice system.
c. Police in this country treat whites and blacks 1 2 3 4
equally.
d. Police in my community make me feel safe. 1 2 3 4

f. White people who use force against Black people 1 2 3 4

are less likely to be prosecuted than Black people
who use force against white people.

The criminal justice system is biased against

h. . . . . . 1 2 3 4
racral and ethnic minorities.

i. | do not trust the police. 1 2 3 4

j. People today do not give our law enforcement 1 2 3 4

ofcers the respect they deserve.

|.. |think that news reports about violence by 1 2 3 4

white people against racial minorities is only
the tip of the iceberg.
17. Which of the following statements do you most strongly support?

DBlack Lives Matter

D Blue Lives Matter
DAII Lives Matter

18. Do you have firearms in your home? D Yes D No If “Yes,” please list how many and what types of firearms:

19. What is your opinion of neighborhood watch programs?

20. Does your community have any type of neighborhood watch program? D Yes D No If “Yes,” do you
participate in that program?

21. Do you ever use neighborhood social media apps such as NextDoor? D Yes D No

22. Do you use any type of home video security system? D Yes D No

PART IV. PERSONAL BACKGROUND

1. Age\Gender:

2. Highest level of education you have completed (list any degrees and areas of study for any
education beyond high school)?

3. Your Work Status (Full-time, Part-Time, Self-employed, Disabled, Student, Retired, etc.)? Your
occupation\employer?

4. Previous ve positions or occupations (only if within last 10 years)?

5. What city do you live in and how long have you lived there?

6. Please list other cities or states you have lived in and approximately how long?

7. What is your marital status?

8. What is your spouse or partner’s occupation/employer and work status (Full-time, Part-Time, Self-
employed, Disabled, Student, Retired,etc.)? Occupation\employer?

9. What is the highest level of education completed by spouse or partner (list any degrees and areas of
study beyond high school)?

10. What are the ages, genders, and work of your children if you have any?

11. Have you ever served in the military? If so, please list branch, highest rank, approximate dates of service
and whether you served in combat.

10
 12.Do you, or anyone close to you, have any training or experience (work or volunteer) in any of the
following areas?

No Yes Please Provide Details

Law D I] Self D Spouse
D Family
D Close Friend

Law enforcement D D Self D Spouse

D Family
D Close Friend

Criminal justice or D D Self D Spouse

criminology D Family
D Close Friend

Forensic Science D D Self D Spouse

D Family
D Close Friend

Medicine or D D Self D Spouse

Healthcare D Family
D Close Friend

Counseling, D D Self D Spouse

Psychology or D Family
Mental Health D Close Friend

Civil Rights or Social D D Self D Spouse

Justice Issues D Family
I] Close Friend

13. Have you, or anyone close to you, had any of the following experiences?

No Yes Please Provide Details

Victim of Crime? D D Self D Spouse
D Family
D Cl14.ose Friend

Accused of a Crime? D D Self D Spouse

D Family
D Close Friend

Struggles with Mental D D Self D Spouse

Health? D Family
D Close Friend

11
14. Have you had any of the following court experiences?

No Yes Please Provide Details

Served on a jury in a D D
criminal case?
Served on a jury in a D D
civil case?
Testified as a D D
witness in a court
case?
Served on a grand D D
jury?
Worked for the Court D D
system?

14. Please list any hobbies or special interests you have:

15. Please list any organizations you have belonged to or in which you participate, including as an active
volunteer or financial supporter. This could include veterangroups, service clubs, religious organizations,
social clubs, unions, professional, volunteer, neighborhood, educational or political groups.

16. Are you a member of any church that took a public stand in the race marches of 2020?

12
 PART V. OPINIONS REGARDING THE JUSTICE SYSTEM

1. Do you believe that the jury system in this country is a fair system? Why or why not?

2. Do you believe our criminal justice system works? Why or why not?

3. What role, if any, do you believe race plays in our criminal justice system?

4. Ahmaud Arbery’s death has received local, national, and international attention and it is anticipated that this
trial will receive similar attention. If you were selected to serve as a juror in this case, would you feel any
pressure at all to return a certain verdict because of this public scrutiny? D Yes D No If “Yes,” please
explain:

PART VI: KNOWLEDGE 0F POTENTIAL WITNESSES

1. The following people may be called to testify in this trial. Please circle the name of anyone you
know, personally, or have formed an opinion about (either positive or negative) as a result of
something you’ve heard, read, or seen:
2.

<COMB|NED STATE AND DEFENSE WITNESS LIST INSERTED HERE>

13
 PART VII. TRIAL LENGTH AND ABILITY TO SERVE

. Our best prediction is thatjury selection will last about two weeks. You will have to appear at the Glynn
County Courthouse for 1-2 days in that timeframe (your time to appear wi|| be assigned later) for purposes
ofjury selection. If you are selected for the jury in this case, you will have to appear for about two weeks,
ls there any signicant hardship or reason why you cannot serve during this time period?

. Secure parking will be provided forjurors, free of charge. Are you able to drive yourself, or have someone
drop you off, each day?

. How difficult do you think it would be for you to look at graphic photographs and videos, including photos
and videos of a person who has died?

. The jury will be ordered not to read, watch, or listen to news accounts of a trial they are involved inuntil
it is over, and not to talk to anyone about the case, not even to one another, and to not post or view
anything on social media or elsewhere, including through jury deliberations. Would you find it difficult to
follow these orders for any reason?

. ls there a reason why you would not be able to give your complete attention to this trial, if you were
selected as a juror?

. Do you have any religious or philosophical beliefs that would make it difcult for you to be a juror in this
case?

. Do you have any medical, visual, hearing, physical, or other impairment that may affect your ability to
serve as ajuror on this case? D Yes D No If “yes,” please explain:

. ls there anything else the judge and attorneys should know about you in relation to serving on this jury?

. Do you want to serve as a juror in this case? D Yes D No Why?

14
PLEASE USE THE FOLLOWING ADDITIONAL PAGES AS NEEDED TO FULLY ANSWER
ALL OF THE ABOVE QUESTIONS.

15