Westerfield Trial Jury Questionnaire

Potential jurors in the kidnapping, murder and child pornography trial of David Westerfield were given a 24-page packet that asked them the following 123 questions:

Juror Number
Age
Where were you born?
Where grew up (City, State, Country)
How long have you lived in San Diego County?
What is your current area of residence (e.g., Carlsbad, Hillcrest, Clairemont, etc.)
How long have you lived at your current residence?
In what area of San Diego County have you lived the longest?
Do you own ___ or rent ___ (Check one)
Marital Status: Single/Married/Separated/Divorced/Widowed/Living with significant other
If married, how long have you been married?
If living with significant other, how long have you lived with this person?
If married or living with another person, what is your spouse's or significant other's job or occupation?
a. Job Description b. Educational Background
If he or she is retired or unemployed, what is his or her occupation before retiring or being unemployed?
List age, sex, and occupation, and marital status of each of your children.
What were/are your parents' occupations?
List other persons living with you. Relationship? Age? Occupation?
Please put a check mark by education completed: Elementary School/Junior High School/High School/College/Post-Graduate
Please list all degrees, certificates, and major area of study , telling when and from what installation.
Have you ever studied or received training in psychology, psychiatry, social work, sociology, or counseling?
If yes, please explain.
Have you ever received any type of mental health counseling or therapy?
If yes, please provide dates, type of problem, length of treatment, and results.
Has a family member or close friend ever received any type of mental health counseling or therapy?
If yes, please provide details.
Have you or any family member ever received any type for [sic] drug or alcohol counseling?
If yes, please provide details.
Have you ever studied medicine, nursing, pharmacology or any related subject?
If yes, please explain.
Have you received any training in law, law enforcement or criminology?
If yes, please explain.
Do you have further educational plans for the future?
If yes, please explain.
What is your present job or occupation?
If you are retired, what was your last job or occupation?
If you are currently unemployed, what is your customary work?
By whom are/were you employed?
Length of employment:
What are/were your duties and responsibilities?
How long have you worked at your present employment or last employment?
Do/did you supervise others? If so, how many?
How did/do you feel about supervising others?
Do/did you have authority to hire and fire employees?
Have you ever considered or pursued a career in law enforcement?
If yes, please explain.
Hobbies?
To what clubs or organizations do you belong?
Have you ever held a leadership position in these organizations?
Please describe.
Are you registered to vote?
Did you vote in the 2000 election?
What kind of magazines do you read?
What television and radio programs do you view or listen to on a regular basis?
Do you have a home computer?
a. How much time do you spend on it?
b. Do you have access to the Internet?
c. Do you log-on to internet [sic] chat rooms?
What Topics?
Do you read a newspaper on a regular basis?
If so, which one(s)?
Are you a good judge of character?
Why or why not?
Do you have any problems at home or on the job that would make it difficult to be a juror on this trial?
Were you in the military?
If yes, answer the following. If no, skip to question 47.
a. What branch?
b. Date of service?
c. Rate of rank?
d. Where were you stationed?
e. Character of discharge (honorable, general, etc.)?
f. Reason for discharge?
g. What were your duties?

Were you involved in any way with military law enforcement, non-judicial punishment, courts martial, or administrative boards or hearings?
Were you ever in combat?
When and where were you in combat?
Have you ever been in a combat area?
Have you been in the Reserves or the National Guard?
Do you have any friends or relatives involved in law enforcement (for example, FBI, DEA, CIA, San Diego Sheriff's Department, San Diego Police Department, California Highway Patrol, local police, military police) or employees of any such agency?
If yes, please explain.
Have you, any relatives, or friends ever been arrested, charged with a criminal offense (other than minor traffic violations). or convicted of a crime?
If yes, explain who, when, the charges, and the outcome.
If you answered the previous question in the affirmative, please explain how you feel about the way each matter was handled by the police, prosecution, defense attorney, courts, probation department, and others involved in the law enforcement and judicial systems.
Are you personally acquainted with any judges, prosecuting attorneys, or criminal defense attorneys?
If yes, please give the name and position of the person(s), how you came to know them, and the extent of your relationship with them.
Are you a member of Neighborhood Watch, MADD, or any other program devoted to crime prevention or victims' rights?
If yes, please explain.
What is your attitude, in general, toward law enforcement officers?
Have you ever participated in a trial as a party, witness, or interested observer?
If yes, please explain.
Have you ever had your deposition taken in a lawsuit?
Have you or any member of your family ever been a party to a lawsuit including a small claims suit?
If yes, what kind of lawsuit, your involvement, and the outcome?
Have you, or any member of your family, or close friends, ever been the victim or witness to any crime?
If yes, please explain.
If your answer to the last question is yes, was the crime reported to the police?
If yes, how do you feel about the way the police handled the case?
Have you ever had any good experiences with police or sheriff's officers?
If yes, please explain.
Have you ever had bad experiences with police or sheriff's officers?
If yes, please explain.
Would your attitudes on the criminal justice system influence you to favor the prosecution or the defense before hearing all the evidence?
Please explain:
A defendant arrested for murder is presumed innocent.
Strongly agree/Agree/Slightly Agree/Slightly Disagree/Disagree/Strongly Disagree
A defendant is innocent until the State proves guilt beyond a reasonable doubt.
Strongly agree/Agree/Slightly Agree/Slightly Disagree/Disagree/Strongly Disagree
A defendant in a criminal case should testify
Strongly agree/Agree/Slightly Agree/Slightly Disagree/Disagree/Strongly Disagree
Police officers are more likely to tell the truth than other witnesses.
Strongly agree/Agree/Slightly Agree/Slightly Disagree/Disagree/Strongly Disagree
The police are thorough and accurate in their investigations.
Strongly agree/Agree/Slightly Agree/Slightly Disagree/Disagree/Strongly Disagree
Circumstantial evidence is an acceptable means of proof in a murder trial.
Strongly agree/Agree/Slightly Agree/Slightly Disagree/Disagree/Strongly Disagree
Do you feel you can be an impartial juror?
Why?
How do you feel about jury service?
Are you able to participate in a group of people you do not know well?
Have you ever served on a jury?
If you have served on a jury before, please answer the following:
Year
Criminal or Civil
Charge or Issue
Were you Foreperson
Was a verdict Reached?
If you have served on a jury before, did you discuss the case with the trial attorneys, judge or anyone else related to the case after the case was concluded? If yes, please describe the discussion.
How did jury service affect your opinions about the jury system?
Do you have any medical or physical condition that would make it difficult to serve as a juror?
If yes, please explain.
Is English your native language?
a. If you answered no:
1. What is your native language?
2. What languages do you speak, in addition to English and your native language?
b. Do you have any trouble being understood when you speak English?
Not at all/Some/Much/Very much
c. Do you have any trouble understanding others when they speak in English?
Not at all/Some/Much/Very much

Do you know or recognize the defendant, the prosecutor, the defense attorney, the judge, or any other court personnel involved in this case?
If yes, please explain.
Please evaluate your ability to judge a person's credibility.
Would you like to be a juror in this case?
Why?
Everyone has biases prejudices or preconceived notions. Do you have any that would affect the way you decide this case?
Explain:
Have you ever had an occasion to view directly or through pictures, someone who has died in a traumatic manner?
If yes, please explain.
In the course of this trial, you may be expected to view and discuss photographs of the deceased which will graphically depict her decomposed body. Will you be able to do so?
Will this affect your ability to be impartial?
If yes, please explain:
Have you ever been exposed to explicit sex acts or sexual pictures?
If Yes, was it:
On film
In books
In magazines
On a computer
On the Internet
In bars, dance clubs, etc.
Do you have strong feelings about images that depict sexually explicit behaviors?
If yes, please explain:
This is a case that will require you to view sexually explicit material. Do you believe that if you did view such material it would affect your ability to be fair and impartial?
If yes, please explain:
If, after hearing all the evidence, you believe the defendant's guilt has been proven beyond a reasonable doubt, would you be able to return to court, face the defendant, and announce your guilty verdict?
Explain:
If, after hearing all the evidence, you believe the defendant's guilt has not been proven beyond a reasonable doubt, would you be able to return a not guilty verdict?
Explain:
Do you have any religious or other beliefs that might conflict with the duties of a juror?
If so, please explain.
Do you know, or have you read, seen, or heard anything about this case?
Please indicate where you have heard something about this case:
TV: Which stations:
Radio News: Which stations
Radio Talk Shows: Which ones:
Newspaper: Which ones:
Magazines: Which ones:
Internet Chat Rooms: Which ones:
Conversations with others: Who:
Other: Who:
How much do you think you know about this case?
Please provide details:
Did you watch television or listen to the Preliminary Hearing?
Did you participate in any way in this manner? For example, did you volunteer to search for Danielle, contribute to or attend a memorial, or visit a site related to this case?
If yes, please explain:
If you have been exposed to pre-trial publicity about this case, it would be natural to form opinions about what you have heard.
Have you formed opinions about this case?
What are they?
The jurors that sit on this case will be instructed they must base their decision entirely on the evidence produced in court, not from any outside source or pre-existing opinion or attitudes. Can you do that, despite what you have read, heard, or seen about this case?
Please explain:
If you have already formed opinions about this case, can you set them aside and base your decision entirely on the evidence presented in this courtroom, even if it conflicts with what you have previously heard?
Despite anything you may have heard, read, or seen about this case, can you still be fair to both sides?
At the end of the questionnaire is a list of potential witnesses in this case [EDITOR'S NOTE: This list was not provided to 10News]. Do you know, or have you heard of any of these potential witnesses?
If yes, please list each person and describe your knowledge of them.
If selected as a juror in this case, will you be able to follow the court's instruction to avoid any news coverage about this case?
The court is asking the following questions regarding your feelings about the death penalty because one of the possible sentences for a person convicted of the charges the prosecution has filed is the death penalty. Therefore, the court must know whether you could be fair to both the prosecution and the defense on the issue of punishment if you reach that issue. By asking these questions, the court is not suggesting that you will ever need to decide this question because the court has no way of knowing what the evidence in this case will be, or whether or not you will find the defendant guilty of anything at all. In other words, the only way the issue of punishment will be decided by the jury is if it should find the defendant guilty of first degree murder beyond a reasonable doubt and the alleged special circumstance true beyond a reasonable doubt.
By asking your views on the penalty now, the court is not suggesting that the jury in this case will find the defendant guilty.
A. Will asking questions concerning your views about the death penalty and the penalty of life in prison without the possibility of parole suggest to you that the defendant must be guilty?

B. Do you understand that the only task jurors are asked to perform during the first phase of the trial is to judge guilt or innocence?

C. Do you understand that if there is a penalty trial, the only two possible sentences will be the death penalty and life in prison without the possibility of parole?
What are your feelings regarding the death penalty?
What are your feelings regarding life in prison without the possibility of parole?
How would you rate your attitude towards the death penalty?
Strongly Oppose/Oppose/Weakly Oppose.Weakly Support/Support/Strongly Support
Do you feel the death sentence is imposed:
Too often/About right/Too seldom
Briefly describe any article, book, or news programs that influenced your feelings about the death penalty:
Have you ever been involved in any way, such as circulating a petition, in the support of the death penalty?
If yes, please explain.
Have you ever been involved in any way, such as circulating a petition, in opposition to the death penalty?
If yes, please explain.
Over the last ten years, have your views on the death penalty changed?
If yes, please describe those changes:
What types of crimes, if any, do you feel are appropriate for the consideration of the death penalty?
Are you aware that several people have been executed in California?
What was your reaction to what you saw, heard or read?
What purpose, if any, do you feel the death penalty serves?
Do you you have any moral, religious, or philosophical opposition to the death penalty so strong that you would be unable to impose the death penalty regardless of the facts?
If yes, please explain.
Do you you have any moral, religious, or philosophical opposition to the death penalty so strong that you would be unable to impose life without the possibility of parole regardless of the facts?
If yes, please explain.
If you are in favor of the death penalty, would your opinion impair your ability to perform as a juror such that you would only vote for the death penalty, regardless of the evidence?
If yes, please explain.
If you oppose the death penalty, would your opinion impair your ability to perform as a juror such that you would only vote for life in prison without the possibility of parole, regardless of the evidence?
If yes, please explain.
Are you willing to weigh and consider all the evidence of the aggravating and mitigating factors that will be presented to you before deciding what the appropriate punishment should be?
If no, please explain why?
Do you have such a conscientous objection against the death penalty that if the People prove beyond a reasonable doubt that the defendant is guilty of first degree murder, you would refuse to vote in for a verdict of guilty of first degree murder in order to avoid having you and your fellow jurors reach the death penalty question?
If yes, please explain.
Do you have such a conscientous objection against the death penalty that if the People prove beyond a reasonable doubt that the defendant is guilty murder in the first degree and prove beyond a reasonable doubt the truthfulness of the alleged special circumstances, you would refuse to vote in for a verdict that the special circumstances are true in order to avoid having you and your fellow jurors reach the death penalty question?
If yes, please explain.
Do you have such a conscientous objection against the death penalty that regardless of whatever evidence might be presented during the penalty phase of the trial, should we get there, you would automatically and absolutely refuse to consider or vote for a verdict of death in a case involving these charges and special circumstances?
If yes, please explain.
Do you have such a conscientious opinions in favor of the death penalty that regardless of whatever evidence might be presented during a penalty phase of the trial, should we get there, you would automatically vote for a verdict of death in a case involving these charges and special circumstances?
If yes, please explain.
If the jury finds the defendant guilty of first degree murder and if the jury finds the special circumstances true, will you listen to and consider all the evidence presented by the People and the defendant at the penalty phase of the trial before you reach a decision on what the penalty should be?
If no, please explain.
Would you automatically vote for the death penalty no matter what evidence is presented at the penalty phase of the trial?
If yes, please explain.
Would you automatically vote for life in prison without parole no matter what evidence is presented at the trial?
If yes, please explain.
Is there anything else that you feel the court should know about your qualifications as a juror?
If yes, please explain.
As a result of having been asked to fill out this questionnaire, have you now formed an opinion about this case?
If yes, please explain.
Now that you have answered all of these questions, are you willing to serve as a juror on this case?
Please explain.
Is there any reason you would not be a fair juror in this case?
If yes, please explain.