Here are some potential voir dire questions in the upcoming murder trial of Bryan Kocis. The defendant is accused of murdering Harlow Cuadra, a rival producer of gay pornography. Police theorize that Kocis killed Cuadra because he wanted to work with Sean Lockhart, an actor who was under contract to Kocis. For more background on the trial and charges go here. The voir dire questions are interesting in that they demonstrate the balancing act that attorneys, who don't want to alienate or turn off the jurors, must perform when raising certain topics that many still consider quite taboo.
Publicity
Have you read, observed or heard anything about the charges or facts of this case from any source, including but not limited to Internet, newspaper, radio, television or person?
- Have you discussed what you have learned with any person?
- Have you formed or expressed any opinions as to the facts of the case, the guilt or innocence of the defendants or any sentence that should be imposed?
Would you require one or both of the defendants to take the stand and testify in order to change your opinion?
Because of anything you may have read, observed or heard, would there be any reason you could not be a fair and impartial juror in this case?
Bias related to sexual orientation
The defendants were partners in a committed homosexual relationship. The victim in this case was also a homosexual. Testimony may be elicited regarding the sexual orientation of both the defendants and the victim. Given those facts:
Do you perceive homosexuals are more or less likely to commit crimes or engage in criminal conduct?
Have you, members of your family or close friends ever:
- Made a joke about homosexuals?
- Referred to homosexuals by using a derogatory term such as “fag,” “queer,” etc?
- Felt uncomfortable in the presence of a homosexual, whether in a public facility, metropolitan area or neighborhood?
- Avoided television or media programs where homosexuals would be depicted simply because of that fact alone?
- Remarked about or objected to the demonstration of homosexual civil marriage ceremonies?
- Refused to associate yourself with homosexuals?
Are you conscious of any prejudice or bias against homosexuals?
Bias relating to homosexual pornography industry
Both the defendants and the victim were engaged in the production of homosexual pornography. The majority of this business was conducted over the Internet. Testimony may be elicited about the homosexual pornography industry. Given those facts:
Do you perceive that people in the pornography industry generally are more likely to commit crimes or to engage in criminal conduct?
Would the fact that the defendants were involved in the homosexual pornography industry in any way affect your ability to be a fair and impartial juror?
Are you conscious of any prejudice or bias against those who work in the homosexual pornography business?
Do you, members of your family or close friends hold the belief that pornography of any kind generally leads to the degradation of the morals of the individuals involved in the industry and/or society as a whole?
Capital punishment
Do you believe the death penalty should automatically be imposed every time a person is convicted of first-degree murder?
Given the nature of the case, can you perceive of any problem returning a sentence of life without parole in the event that first-degree murder is the verdict?
Do you have any religious, moral or other objections to the death penalty to such a degree that it would prevent you from sitting as a juror or imposing a sentence of death?
