Opinion
16-CV-3310 (RA) (KNF)
08-26-2021
EDWARD ROSADO, Plaintiff, v. POLICE OFFICER AMAURY SORIANO, Defendants.
JUROR QUESTIONNAIRE
CASE SUMMARY
The plaintiff Edward Rosado filed this suit against the defendant, Police Officer Amaury Soriano. The plaintiff alleges that defendant used excessive force during an encounter at a sneaker release outside of a Foot Locker on East Fordham Road in the Bronx. The defendant denies using excessive force on the plaintiff and argues that any force used was necessary, justified, and reasonable.
QUESTIONS FOR JURORS
Please indicate if your answer to any of the following questions is “yes” by circling the number of that question and informing the Court when asked. If your answer to a question is “no, ” you need not do anything. Do not write your name or make any other marks on the questionnaire. If, when asked about a “yes” answer, you prefer not to explain your answer in open court, please ask for a “sidebar” and we will talk in a more private setting.
I. General Questions
1. Based on my summary, do you have any personal knowledge of the facts or allegations in this case?
2. Have you heard, read, or seen anything through the media, internet, or any other source about this case or a similar case? If so, what? Would it prevent you from rendering a fair and impartial verdict in this case?
3. Based on what you have been told about this case so far, do you have any opinion about who should prevail in this lawsuit?
4. This trial is expected to last approximately three days, although it is possible that trial may carry over until early next week. The jury will typically sit from 10:00 a.m. to 5:00 p.m. Do you have any physical problem, disability, medical issue, or other personal or emotional hardship that may distract you or otherwise interfere with your ability to serve on the jury in this case?
5. Do you have any difficulty reading or understanding English?
6. Do you have any difficulty with your vision or hearing that could affect your ability to serve as a juror?
7. Are you taking any medication that may prevent you from giving your full attention to the trial?
8. Is there any other reason why you may not be able to give your full attention to the trial, or serve responsibly as a juror?
II. Knowledge of the Parties, Counsel, or Witnesses
9. Do you know me, Judge Ronnie Abrams; my courtroom deputy, Allison Cavale; or my law clerk, Tyler Finn?
10. The plaintiff in this case is Edward Rosado. Do you or, to your knowledge, does a family member or close friend know Edward Rosado or anyone close to him? If so, please explain.
11. The defendant in this action is Officer Amaury Soriano. Do you or, to your knowledge, does a family member or close friend know Officer Amaury Soriano or anyone close to him? If so, please explain.
12. The plaintiff in this case is represented by Lawrence LaBrew.
The defendants are represented by Brian Zapert, Peter Brocker, and Rachel Seligman of Corporation Counsel.
Have you or, to your knowledge, has a family member or close friend ever been employed by or had any relationship with any of these attorneys? Are you familiar with any of them? If so, please explain.
13. Do you or, to your knowledge, does a family member or close friend personally know any of the following individuals who may be witnesses in this matter or referenced during the trial?
(1) Briana Rosado
(2) Michael McAuliffe
(3) DeShown Ellis
14. As you look around the room, do you recognize anyone else you know?
III. Case-Specific Questions
15. Have you or, to your knowledge, has a family member or close friend ever worked in law enforcement? If so, please explain who in your life worked in law enforcement, the nature of the position, and the duration of the position.
16. Have you or, to your knowledge, has a family member or close friend ever worked for the NYPD or any New York City agency? If so, please explain who in your life has worked for the NYPD or any other City agency, the nature of the position, and the duration of the position.
17. Do you have any opinions about the NYPD or about police officers in general that may prevent you from being a fair and impartial juror in this case?
18. The witnesses in this case will include police officers. Do you think you would be more likely to believe or disbelieve the testimony of a police officer merely because he or she is a police officer?
19. Have you or, to your knowledge, has a family member or close friend made any complaint or filed a lawsuit against a police officer? If so, please explain the basis, process, and outcome of that complaint or lawsuit.
20. Have you or, to your knowledge, has a family member or close friend ever had any interaction with any New York City police officers or other NYPD employees? If so, was any force used? Might that experience hinder your ability to be fair and impartial in this case?
21. Are you familiar with the Fordham Road section of the Bronx? If so, please describe your familiarity.
22. Have you ever been to the intersection of Fordham Road and Valentine Avenue in the Bronx? If so, please explain.
23. Have you ever been to the Foot Locker located at 226 Fordham Rd. in the Bronx? If so, please explain.
24. Have you ever been to a “sneaker release”? If so, please explain.
V. Experience with the Courts and the Law
25. Have you ever served on a jury? How many times? For each case, please explain if it was a civil or criminal case and if you reached a verdict (without disclosing what the verdict was).
26. Do you have any opinions, positive or negative about lawyers, judges, or the courts, that may prevent you from being a fair and impartial juror in this case?
27. Have you or, to your knowledge, has a family member or close friend ever been involved in a lawsuit, either as the party filing the lawsuit, the party being sued or as a witness? If so, please explain what kind of case it was and what the outcome was.
28. Have you ever been part of a lawsuit in a professional capacity, including as a lawyer, paralegal, or expert witness?
29. Have you or anyone in your immediate family attended law school or had any other legal training? If so, please explain.
VI. Summary/Function of the Jury
30. The function of the jury is to decide questions of fact. When it comes to the law, however, you must listen to my instructions and accept and apply the law as I explain it. You may not substitute your own notions of what the law is or what you think it should be. Might you have any difficulty following, or do you have any strongly held opinions or experiences that may prevent you from following, this instruction?
31. Do you have any bias, sympathy, religious belief, or other attribute or concern that may prevent you from rendering a fair and impartial verdict in this case? If you did feel some sympathy for one of the parties, would you have trouble putting aside those emotions and deciding the case solely on the facts, and on the law as I explain it to you?
32. Do you believe that simply because someone brings a lawsuit, that it must mean there is merit to the lawsuit and that the person deserves to recover?
33. On the other hand, if you found that the plaintiff has proven his case, might you have any qualms about awarding damages against the defendant? If so, why?
34. Do you believe there is anything wrong with individuals suing government employees if they believe that their rights have been violated?
35. Do you know of any other reason that would prevent you from fairly considering the evidence in this case and reaching an impartial result? If so, please explain.
Questions for Individual Jurors
1. Where were you born?
2. Without mentioning your exact address, what county and neighborhood do you live in? How long have you lived there?
3. Do you rent or own your home?
4. How far did you go in school and what did you study?
5. If you are employed, who is your employer? What is your occupation? How long have you been employed by that employer? If retired or unemployed, for whom did you last work and when did you work for them?
6. If you have a significant other, what is their occupation? How long have they been employed by their most recent employer?
7. If you have working children, what are their occupations? How long have they been employed by their most recent employer?
8. How do you get your news?
9. What, if anything, do you enjoy reading?
10. What television shows, if any, do you typically watch?
11. Do you listen to talk radio or Podcasts? If so, what stations or programs?
12. Do you regularly visit any websites or utilize social media? If so, which?
13. Are you a member of any organizations, clubs, associations, or unions, or do you volunteer your time?
14. What do you like to do in your spare time?
15. Name a public person-other than a friend or relative-dead or alive, who you admire.
16. Aside from the questions that have already been asked, is there anything else you believe that this Court or any of the parties might want to know in deciding whether you should be selected to serve as a juror in this case?