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United States v. Kawleski

United States District Court, W.D. Wisconsin

July 12, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ALEXANDER W. KAWLESKI, Defendant.

          VOIR DIRE

         Introduction

         This is a criminal case, in which the defendant, Alexander W. Kawleski, is charged with using a girl who was 15 or 16 years old girl to engage in sexually explicit conduct for the purpose of making a video recording this conduct. The defendant also is charged with attempting to produce several video recordings of the girl, and one video recording of another girl who was 13 years old, engaged in sexually explicit conduct. Finally, the defendant is charged with possessing child pornography. The defendant has entered a plea of not guilty to the charges against him.

         1. Have any of you heard of this case before today? Would this affect your ability to serve impartially as a juror in this case?

         2. Scheduling: this case will begin today and should conclude by Wednesday. Are any of you actually unable to sit as jurors because of this schedule?

         3. The court reads Pattern Jury Instructions of the Seventh Circuit:

         The government has the burden of proving the defendant's guilt beyond a reasonable doubt. This burden of proof stays with the government throughout this trial.

         The defendant is presumed to be innocent of the charges. This presumption remains with the defendant throughout every stage of the trial and during your deliberations on the verdict, and is not overcome unless from all the evidence in the case you are convinced beyond a reasonable doubt that the defendant is guilty.

         The defendant is never required to prove his innocence. He is not required to produce any evidence at all. The defendant has an absolute right not to testify. The fact that the defendant does not testify cannot be considered by you in any way in arriving at your verdict.

         Would any of you be unable or unwilling to follow these instructions?

         4. Ask counsel to introduce themselves, the defendant and the case agent. Ask whether jurors know them.

         5. Do any of you in the jury box know each other from before today?

         6. Invite each juror, in turn, to stand and provide the following information: Name, age, and city or town of residence Marital status and number and ages of your children and grandchildren, if any.

         Current occupation (former if retired).

         Current (or former) occupation of your spouse and any adult children.

         Any military service, including branch, rank and ...


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