KANGAROO COURT: INTERROGATION OF THE SPAN JURORS



     We  have  excerpted portions of the transcript of  the  Span 
case  voir dire process to document how prospective  jurors  were 
grilled by the judge in an apparent attempt to pack the jury with 
people likely to vote to support the government.  The  transcript 
of  the jury selection process alone is a half-inch  thick  book!  
The judge was Robert C. Broomfield, United States District Judge.



     BROOMFIELD:   "Would you have any trouble following the  law 
as I give it to you?"



     PROSPECTIVE  JUROR #1: "I would say it would depend on  what 
the  federal agent was enforcing or what that was about.  I  mean 
there  can  be a number of different things, and some of  them  I 
might have a philosophical issue about."



     BROOMFIELD: "[I want to know] whether you can as a member of 
the  jury  if selected, can decide the case solely  and  only  on 
[the]  evidence, and the instructions on the law that  I'll  give 
the jury, but you have to follow those instructions regardless of 
what your views or feelings are extraneous to that. Think you can 
do that?" 



     JUROR: "Well if the philosophical issue that were brought up 
was  something I felt very strongly about and I was selected,  it 
would be - I would feel really torn about the process."



     BROOMFIELD:  "As torn as you might feel, do  you  think  you 
would have any difficulty, and this is - I mean this seriously  - 
deciding  the case based on the evidence and the instructions  on 
the law?"



     JUROR:  "I  might have difficulty in voting  guilty  or  not 
guilty ... depending on the law, if I felt that it was a law that 
I had some real problems with --"



     BROOMFIELD: "Ah, good.  Now we're getting somewhere  direct.  
What if you flat disagreed with the law as I told it to the jury, 
you just didn't like that law whatever it was, would you be  able 
to follow the law as I gave it to the jury?"



     JUROR:  "I suppose that I would.  I would just hope  not  to 
have to be in that situation." ....



     Prospective juror #1 was not selected to be on the jury.

                 

                  .............................  





     BROOMFIELD:  "Many people do have strong  religious  values.  
Would  those strong religious values, whatever they are,  in  any 
way  affect your ability to decide the case, or put another  way, 
are you going to have any trouble deciding this case just on  the
evidence and the instructions on the law that I'll give the  jury 
at the end of the case?"



     PROSPECTIVE JUROR #2: "I may have."



     BROOMFIELD: "Okay.  In other words, you think you might find 
the  person  not guilty or guilty, as the case may be,  based  on 
these beliefs that you have irrespective of the evidence and  the 
instructions on the law that I give to the jury?"



     JUROR: "I think I would have a problem."



     Prospective juror #2 was not seated on the jury.

              

               ............................



     BROOMFIELD: "[Do you belong to] any groups or  organizations 
or  clubs  who  have  as their  purpose  to  promote  or  enhance 
individual rights?" 



     PROSPECTIVE  JUROR  #3:  "I'm a member  of  the  Libertarian 
Party."



     BROOMFIELD:  "Would the fact that you belong to that  party, 
and...I  assume  you  espouse  the  general  principles  of   the 
Libertarians."



     JUROR: "Yes."



     BROOMFIELD:  "Okay.  Would the fact that they  have  certain 
principles  that you espouse dealing with promoting or  enhancing 
individual rights in any way affect your ability to be a fair and 
impartial juror in this case?"



     JUROR: "I don't think so."



     BROOMFIELD: "Can you decide the case based on  the  evidence 
you're going to hear in the courtroom--"



     JUROR: "Yes."



     BROOMFIELD:  "--and  the instructions on the law  that  I'll 
give the jury at the end of the case."



     JUROR: "Yes."



     BROOMFIELD: "What if you didn't agree with the  instructions 
on the law?  Could you follow it?"



     JUROR:  "I'd be unhappy about it, but I do believe  I  would 
follow it nonetheless."



     Prospective juror #3 did not make the cut either.


               .............................



     BROOMFIELD:  (to  all potential jurors): "Let's  talk  about 
bumper  stickers.  That's right.  I said bumperstickers....Now  I 
want  to  know  whether any of you have  bumperstickers  on  your 
cars."  [!]



     After selection, Judge Broomfield's instructions to the jury 
were  typical:  "...you must apply the law as I give it  to  you.  
You  must  follow the law as I give it to you whether  you  agree 
with it or not...you took an oath..."

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