Voir dire is defined as an “opportunity to examine the jurors before their appointment as regards to their integrity and balanced approach.”
Villagomez filed the motion through his counsel David J. Lujan on Nov. 10.
Lujan asked the court to include questions he attached in the general voir dire of the jurors prior to the requested attorney-conducted voir dire “in order that the defense may effectively exercise its challenges for cause and premptory challenges.”
According to Lujan, as the case involves complex issues of alleged wire fraud, theft and conspiracy involving public figures, and sensitive issues regarding how the local government does business, “the defendant submits that a thorough and complete voir dire is necessary.
“Both the [prosecution] and the defendant want jurors that are fair and impartial, and who are free from taint of prejudging this case because of the parties and the nature of the allegations,” Lujan said.
The jury questionnaire included questions relating to personal background, membership is organizations devoted toward fighting or preventing crimes, law enforcement agencies, court room experiences and legal principles.
Villagomez suggested a hybrid procedure to question the entire panel about various matters in order to reveal any possible prejudice.
He is asking the court to issue an order allowing attorneys for all parties to conduct a voir dire examination for all jurors.
A voir dire process, Villagomez said, will be subject to the parameters established by the court.
“The complexity of issues and the notoriety of this case warrant allowing the attorneys to conduct voir dire in their interests of justice,” he said.
Lujan said this hybrid procedure will better protect both parties from actual prejudice and community prejudice, and make it more likely that any existing prejudice will be uncovered for the best interest of all parties and the court.
The extensive and in-depth media coverage, he added, has corrupted the community and created an air of prejudice against public officials of the CNMI, hence a need for a jury questionnaire as proposed by the defendant will assist the court, the prosecution and the defense in selecting a truly fair and impartial jury.
