Proposed questions to potential jurors in $2.5 mil federal lawsuit vs Joe Carollo

Have you, any member of your immediate family or close personal friend ever worked for a politician? Have you ever owned a business? How do you get the news? Do you follow Billy Corben? Do you follow Political Cortadito?

Ladra is almost proud to have her work featured among the questions that might be asked of jurors in the federal $2.5 million first amendment lawsuit against Miami Commissioner Joe Carollo by his defense attorneys. Last week, they submitted 75 proposed voir dire questions — inquiries lawyers make to exclude a certain number of jurors — to U.S. Southern District Judge Rodney Smith, who will preside over the trial, set to begin Tuesday.

To clarify, because there are so many: This is the lawsuit filed by William “Bill” Fuller and Martin Pinilla, owners of Ball & Chain Lounge, who claim that Carollo targeted and shut down their business simply because Fuller supported an opponent in the 2017 election. Their attorney, Jeffrey Gutchess, submitted only 58 questions, and many of those were standard questions about scheduling, educational background, employment or military service, etc.

But a few questions stood out as unique to the case.

“Does anyone think it is okay for the police to follow your car around the neighborhood, watching your every turn until you violate some traffic law and then give you a ticket? Does anyone think it is okay for the police to find two cars parked at expired meters but give a parking ticket only to the car they don’t like? Does anyone here think that a government or government official can target and interfere with individual businesses?”

Carollo is accused of harassing the business owners and using the city’s police force and code enforcement office to retaliate against them for hosting a fundraiser for Alfie Leon in 2017. There are photos of him stalking the bar and taking his own photos.

The questions submitted may also hint at part of Carollo’s defense. In one, he asks if jurors are familiar with the Champlain Towers building collapse in Surfside in 2021. Investigators have said it collapsed due to design failures, shoddy construction, damage and neglect. Others blame lack of code enforcement.

“Do you know anyone who was involved in that incident in any way? Law enforcement, unit owner? Fire rescue? Can everyone agree that an unsafe condition on land can cause harm or injury to a person?”

Is Carollo going to argue that he was trying to save people’s lives? Ladra would not put it above him.

These are all of Carollo’s proposed questions:

This is a civil case and not a criminal case, but the process is the same. Do you all agree that the right thing to do is share those feelings and experiences you have had that may make it so you cannot judge this case SOLELY on the evidence?
Is there anyone sitting here today who does not agree with the statement that what the lawyers say is not evidence?
Throughout the course of this trial, you will hear from witnesses for both the Plaintiffs and for my client, Mr. Carollo. You will hear several versions of events, and you will be required to determine who was right, who was wrong, what was true, and what was false. Does anyone have an issue with doing that?
Sometimes religions teach us that we should not judge others. Is anyone sitting here today uncomfortable sitting in judgment of the facts of this case?
Does anyone feel that just because a lawsuit was filed, the Plaintiffs must have a case or my client, Joe, must be responsible for their alleged injuries?
Does anyone feel that just because we are in a courtroom it must mean that the plaintiffs deserve some money?
Does anyone have an issue with the fact that both Plaintiffs, individually, have the burden of proving their case, and my client does not? Does anyone think that is wrong? Does anyone have a problem with making each Plaintiff prove their case?
Before you’re able to even consider awarding the Plaintiffs $1 each, can you promise that you will require each of them to prove their case?
Do you watch the news, what are your main sources of news?
How do you learn about the news, current events, what sources?
Is there anyone sitting here today who agrees with the statement that everything you see, hear or read in the news must be true?
Have you, any member of your immediate family or close personal friend ever worked in the hospitality industry? This would be inclusive of hotels, restaurants and bars.
Have you, any member of your immediate family or any close personal friends ever owned a business?
Do you own commercial property? Tenants? Lease/own?
Have you, any member of your immediate family or close personal friend personally held a position in local government? Where? In what capacity? Did the relationship terminate in an amicable way? If not, did that experience affect you? How did it affect you?
Does anyone sitting here today rent or lease commercial or residential property?
Are you, any member of your immediate family or close personal friend(s) involved in real estate, construction, or development?
Has anyone sitting here today ever encountered an issue with Code compliance?
Just as we have an obligation to serve on juries, we also have an obligation not to serve on some juries. What is your feeling or reaction to that statement? Do you agree with it? Why?
I was involved in a slip and fall at a commercial property. I would not be a good juror in a slip and fall case. In what kind of case would you not be a good juror?
What’s the first thing that comes into your mind when you look at Joe? What else do you see in him?
What kinds of adjectives or descriptive words would you use to describe Joe to a spouse or friend?
What are your gut feelings about his being on trial?
What are your assumptions, opinions, or feelings about him sitting here on trial?
What do you see when you look at me? I want you to be honest.
There may be some conflict in the testimony of the witnesses. As a juror it will be your job to determine who you think is telling the truth. We have all had the experience of trying to decide who is telling the truth at some point in our lives, and some people find they are very uncomfortable in those situations. Does that apply to any of you? Are any of you uncomfortable about accepting the responsibility to determine who is telling the truth?
Is there any additional information that came to mind after you completed your written questionnaire which may have some bearing on your service as a juror in this case? Is there anything else we have not touched on in our questions that you think the Court or the attorneys should know about you or your opinions in selecting a jury for this case?
Have you ever made a complaint on Yelp, TripAdvisor, online or social media platform or a written or voiced complaint by phone or in person?
Have you ever made a complaint to a City Commissioner’s office, Mayor’s office, Town Council, County official, local government official, government administration, police, Code enforcement, building department, zoning department?
Have you ever made a noise complaint, nuisance complaint, trespassing compliant, loitering complaint, or any kind of complaint in your neighborhood or a complaint about a neighbor or a neighboring business?
Have you ever lived or worked in the Calle Ocho neighborhood of Miami?
Is there anyone present today who does not agree with the statement that a City Commissioner has a right to speak as a citizen?
Does everyone understand that there are different types of damages in a civil case that may or may not be recoverable?
Is there anyone here today who has ever felt that government officials (police officers, governors, mayors, etc.) treated you differently than they treat other people?
Have you, any member of your immediate family or close personal friend ever worked for a political campaign?
Have you, any member of your immediate family or close personal friend ever worked for a politician? Do you feel that employment relationship was positive or negative? Did it impact your ability to be fair and impartial toward politicians? Could you put that prior encounter aside and render a verdict consistent with the law in this case?
Is there anyone here today who for any reason at all absolutely distrusts the government and local politicians?
Is there anyone sitting in this room today who feels as if the law should not apply to them for any reason whatsoever? No need to follow the law?
Does anyone here disagree with the statement all laws apply to everyone? If so, please let me know if you disagree and why.
Does anyone here disagree with the statement that not everyone who violates a law should be punished? If so, please let me know if you disagree and why.
Is anyone here familiar with the Champlain Towers building collapse of June 24, 2021 in Miami-Dade County? Do you know anyone who was involved in that incident in any way? Law enforcement, unit owner? Fire rescue?
Can everyone agree that an unsafe condition on land can cause harm or injury to a person? Please let me know if you disagree.
Have you, any member of your immediate family or close personal friend been involved in a lawsuit or claim against another person, as either the party bringing the claim or defending the claim? The claims in this case would include any injury or damage, related to a statement you’d made? If so, would that experience affect your ability to be fair and impartial in this case?
Have you, any member of your immediate family or close personal friend ever owned a business which was shut down for non-compliance with applicable local laws? If so, would that experience affect your ability to be fair and impartial in this case?
Are you, or a close friend or relative, familiar with the Mr. Carollo through any family, social, business or other contact?
Are you, or a close friend or relative, familiar with the Plaintiffs’ attorney(s) and Plaintiffs’ attorneys’ law firms through any family, social, business or other contact?
Have you or a close friend or relative ever been trained or employed in the law, law enforcement, or a law-related field? In other words, have you or a close friend or relative ever: been trained or employed as a law clerk, paralegal, judge, legal secretary, lawyer, or court employee; been trained or employed as a law enforcement, corrections, security, parole or probation officer or investigator; been trained or employed in the insurance business, or as an accident, health, or claims investigator of adjuster; or studied law, criminology, forensic science, or any similar field of study, or worked in a related occupation not already identified?
Mr. Carollo identifies himself self as a Cuban American. Do you have strong feelings about Mr. Carollo’s ethnicity?
Do you have strong views about Mr. Carollo’s personal appearance?
Have you or a close friend or relative ever worked with or served as an agent, broker, resident agent, or representative of another person, organization or business?
Have you or a close friend or relative ever been involved in a claim against a government entity or official, felt injured by governmental negligence, or defended against a claim of government actor’s negligence, whether as a claimant, witness, or defendant?
Do you have strong feelings about how our civil trial system handles claims against elected officials?
Does anyone here not believe that elected officials are entitled to their day in court?
Do you hold any moral, religious or ethical conviction or belief that may prevent you from weighing the evidence and returning a fair and impartial verdict?
You will hear testimony from several witnesses and have to evaluate their credibility. If there is testimony that does not make sense to you, will you be able to stick to your convictions and follow your common sense in rendering your verdict?
Is there anything you have not yet mentioned that may affect your ability to make a fair and impartial judgment in this case?
Do you know William “Bill” Fuller?
Do you know Martin Pinilla?
Do you follow Billy Corben?
Do you follow political cortadito?
Do you follow Joshua Ceballos?
Do you follow the Miami Herald?
Do you know Joe Carollo?
Have you heard about him?
Do you follow Miami City Politics?
Do you visit Ball and Chain?
How do you feel about businesses owners that do not follow rules?
Do you understand the code enforcement process?
Do you have family that works in government?
Do you have friends that are public officials?
What is your general feeling about politicians?
Are you a rule follower?
Are you familiar with the Mai Kai bar in Fort Lauderdale?
How do you feel about bloggers?
Do you believe everything you hear in the media?

Number 49 about Carollo’s personal appearance is particularly interesting, in a sad way. What are attorneys worried about? Or is this Carollo’s complejo?

These are the questions submitted by Fuller and Pinilla:

Please state your name.
Where do you live, and how long have you lived there?
What is your educational background?
Are you employed, and if so, in what capacity? If retired, how were you employed?
Are you married or do you have a partner? If so, is your spouse or partner earning income from any type of employment? What is the nature of their employment?
Do you have children? If so, what are their ages, school status, or employment?
What are your interests or hobbies when you are not working?
Have you ever sat on a jury before? If so, what type of case? Did you reach a verdict? Were you the foreperson?
Have you or any members of your immediate family ever been involved in a lawsuit, either having sued someone, having been sued, or having been a witness? If so, what type of case was it, and what was the nature of your involvement in the lawsuit?
Do you have any prior military service? Describe.
Have you or anyone in your immediate family served as a law enforcement officer?
Based upon the description of this case, do you have any personal views, opinions, or attitudes which would affect your ability to be fair and impartial?
Would you be able to follow the law as instructed by the Court in rendering a verdict in this case?
Do you have any physical, emotional, mental health, language problems or disabilities which would affect your ability to sit as a juror in this case?
Is there any reason that you could not or should not sit as a juror in this case?
Does anyone have scheduling problems that will affect his or her ability to sit through this trial and pay attention to the witnesses, the lawyer, and the Court?
In this case, Bill Fuller and Martin Pinilla are accusing Joe Carollo of retaliating against them for exercising their first amendment right to free speech. Does anyone have such strong feelings about such a claim that you could not be fair and impartial?
Has anyone here been retaliated against for exercising their first amendment rights? (ie. right to free speech, religion, etc.)
Does anyone believe that free speech should not be protected under the law?
Has anyone or their immediate family members ever worked for the City of Miami in the past? Does anyone or their immediate family members currently work there?
If yes, for which department? For how long?
Do you have any relationship with any officials or employees at the City of Miami?
Do you still maintain contact with them?
Would your or your immediate family member’s experience working at the Cityof Miami affect your ability to be fair and impartial?
Has anyone lived in the City of Miami in the past?
Does anyone believe that a public official could never lie?
Has anyone heard of the defendant in this case, Joe Carollo? If yes, how? Would your knowledge about Joe Carollo affect your ability to be fair andimpartial in this case?
Does anyone believe that a police officer is less likely to tell the truth?
Would the fact that a witness in this case needs the assistance of an interpreter affect your ability to be fair and impartial?
Please raise your hand if you’re familiar with the term burden of proof. For those of you who raised your hands, please keep your hands up if you’re familiar with the term preponderance of the evidence. If you have your hand up, please keep your hand up if you think that preponderance of the evidence means just slightly more likely than not. In other words, if you dropped a feather on one side of the scales of justice, and it tipped ever so slightly, that would be the preponderance of the evidence. Anybody have any problems applying this standard?
The plaintiff is claiming millions of dollars in damages. Is there anyone who has such strong feelings about people fighting over large amounts of money or people earning large amounts of money that it would affect your ability to be fair and impartial?
If you return a verdict in favor of the plaintiff, would you have any difficulty in awarding money damages to compensate the plaintiff or punish the defendant?
Is there anyone who believes a party who earns large amounts of money should not be able to be awarded damages?
Would an award of millions of dollars of damages for first amendment retaliation be something that would make you uncomfortable?
Does anyone here believe that an individual cannot be compensated for defamatory statements that are made against them?
Does anyone have any reason that he or she cannot sit on this jury and render a fair verdict based on the evidence presented?
There may be some conflict in the testimony of the witnesses. As a juror it will be your job to determine who you think is telling the truth. We have all had the experience of trying to decide who is telling the truth at some point in our lives, and some people find they are very uncomfortable in those situations. Does that apply to any of you? Are any of you uncomfortable about accepting the responsibility to determine who is telling the truth?
What would you look for in determining whether a witness is being truthful?
Are any of you familiar with the Plaintiffs? Bill Fuller or Martin Pinilla?
Are any of you familiar with the Plaintiffs’ businesses: Ball & Chain, Sanguich,Taquerias, Los Altos, Union Beer, or the festival Viernes Culturales?
Are any of you familiar with or do you know any of Plaintiffs’ counsel? Jeffrey Gutchess, Courtney Caprio, Amanda Suarez, Joanna Niworowski, Joshua Shore, Rossana Arteaga-Gomez.
Are any of you familiar with or do you know any of Defendant’s counsel? Marc Sarnoff, Mason Pertnoy, Benjamin Kheune, Thomas E. Scott, Jr., Amber Dawson.
During trial, the parties may call the following witnesses: _________. Are any of you familiar with or do any of you know any of the potential witnesses?
Do you or a family member have any special training, education, or work experience in the areas of (1) law, law firms, or court system; (2) city government, city charters, orcode compliance processes? If yes, please explain further.
Does anyone think it is okay for the police to follow your car around the neighborhood watching your every turn until you violate some traffic law and then give you a ticket?
Does anyone think it is okay for the police to find two cars parked at expired meters but give a parking ticket only to the car they don’t like?
Does anyone here think that a government or government official can target and interferewith individual businesses?
Do you own a business?
Have you ever owned a business?
Have any members of your family ever owned a business?
What type of business?
Have you ever owned rental properties?
Have you ever bought an older property and made any improvements to it?
Would anyone here be uncomfortable with the idea that an individual could receive code violations or citations but still be entitled to recover under the law?
Has anyone ever had an issue with municipal code compliance? If yes, please give a briefdescription of the code compliance issues.
Does anyone believe the support for a political candidate should be kept private?
Is anyone uncomfortable with the idea that this case involves a public official?
This case may receive media attention. Is anyone uncomfortable with that? Would it affect your ability to be fair and impartial?

Ball & Chain, Joe Carollo

Proposed questions to potential jurors in $2.5 mil federal lawsuit vs Joe Carollo added by Ladra on April 7, 2023
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