Dunning Voir Dire

FILED
Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 1 of 22
2016 Apr-22 PM 03:37

U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA )
)
v.
)
)
JONATHAN WADE DUNNING )
Case No. 2:14-cr-00382-BJR
DEFENDANTS PROPOSED VOIR DIRE QUESTIONS

Pursuant to Fed. R. Crim. P. 24(a), defendant Jonathan Wade Dunning
hereby submits the following proposed voir dire questions to be posed to the panel
in this case. In accordance with the Courts statements regarding the jury selection
process, the defendant has endeavored to pose questions in yes/no format, with
the understanding that the Court will inquire further on any yes answers during
individual voir dire, and that counsel will be afforded the reasonable opportunity to
follow up as necessary and appropriate. The defendant respectfully requests the
opportunity to supplement these proposed questions as necessary.
A.
Background1
1.
This trial is expected to take about four to five weeks. Is there anything that
would prevent you from serving as a juror for that period of time?
The defendant assumes that the Court will ask panel members the typical background
questions regarding their current employment, highest level of education, marital status, and
spouses employment, and thus has not set forth those questions here.
4849-8834-8208.1
2.
Do you take any medication or have some other health concern that may
prevent you from giving full attention to the evidence as it is presented to you?
3.
Do you have any political views or beliefs that would prevent or hinder you
from following the instructions that I will give as to the law or from acting as a fair
and impartial juror in this case?
4.
Do you have any religious, philosophical, moral, or other belief that might
make you unable to render either a guilty or not guilty verdict for some reason that
is unrelated to the evidence that you see here in court?
5.
Do you have any doubt that you would be able to evaluate each witnesss
credibility without bias or prejudice?

6.
Do you have any strong feelings about lawyers or the criminal justice system
in general that would make it difficult for you to be a fair and impartial juror in this
case?
7.
Do you have any doubt that you would be able to decide this case based
solely on the evidence presented at the trial here in the courtroom and not based on
any other information?
4849-8834-8208.1
B.
Knowledge of the Case and Media Coverage
1.
In this case, Jonathan Dunning has been charged with defrauding
Birmingham Health Care, Inc. and certain government agencies. Mr. Dunning has
pled not guilty, and, by law, is presumed innocent. Have you read, seen or heard
any news coverage about the case involving Mr. Dunning?
2.
Sheila Parker, Terri McGuire Mollica and James Parker have pleaded guilty
to various crimes in connection with this investigation. Have you read, seen or
heard any news coverage about the cases involving Sheila Parker, Terri McGuire
Mollica or James Parker?
3.
If you are selected as a juror, you will not be permitted to read or listen to
any news about this case. You will not be allowed to do any Internet research
concerning it. You will only be allowed to consider as evidence information that
you hear in this courtroom. Do you believe that you would have any difficulties
complying with this extremely important instruction?
C.
Knowledge of the Parties
1.
The government is represented here by the United States Attorneys Office
for the Northern District of Alabama. Joyce White Vance is the United States
Attorney. Assistant United States Attorneys Tamarra Matthews Johnson, Melissa
Atwood and John Ward will try the case for the government. They will be assisted
by Special Agent Adam Hutzell of the FBI, Special Agent Matthew Temples of the
4849-8834-8208.1
IRS, and Special Agent Michael Britton of the Department of Health and Human
Services. The government will also be assisted by Coretta Howard, a paralegal
specialist with the U.S. Attorneys Office. Do you know any of these individuals?
2.
Have you, or to your knowledge has anyone you know, ever had any
dealings with any of these individuals or with the United States Attorneys Office
here in the Northern District of Alabama?
3.
The defendant is represented by Bill Athanas of the Waller Lansden firm in
Birmingham, and Bill Thomas of the W.H. Thomas Firm in Atlanta. They will be
assisted by Charles Prueter, another lawyer with the Waller Lansden firm, and
Shandra Wright and Christine Poynter, paralegals with the Waller Lansden firm.
Do you know any of these individuals?
4.
As I mentioned at the outset, the defendant is Jonathan Dunning. Do you
know or have you had any dealings with Mr. Dunning?

5.
Mr. Dunning owned all or a majority of a number of companies that
provided medical billing and consulting services, including Synergy Medical

Solutions, Synergy Health Link, and Legacy Consulting Group. Have you ever
heard of or done business with any of these companies?
6.
In addition, Mr. Dunning owned all or a majority of a number of companies
that owned and leased commercial real estate, including Synergy Real Estate
4849-8834-8208.1
Holdings I, II and III. Have you ever heard of or done business with any of these
companies?
7.
Mr. Dunning also owed or had an interest in three restaurants: the Villaggio
Restaurant at Ross Bridge, La Dolce Vita, and Bernies on Main. Have you ever
heard of or dined at any of these restaurants?
8.
The evidence in this case will relate to Birmingham Health Care, a
community health center located in Birmingham.
Have you ever heard of
Birmingham Health Care?

9.
Have you, your family members or close friends ever been treated at a
Birmingham Health Care facility?

10.
The evidence will also relate to Central Alabama Comprehensive Health, a
community health center located in Tuskegee. Have you Birmingham. Have you
ever heard of Central Alabama Comprehensive Health?
11.
Have you, your family members or close friends ever been treated at a
Birmingham Health Care facility?

12.
This names below are people that might be mentioned at trial, or who might
testify at trial. The purpose of the exercise is to find out whether you know any of
these people. It is a long list, but it is important that we know whether you know or
have had any dealings with any of the people whose names are going to be
mentioned in the course of the trial.
4849-8834-8208.1
Sheila Parker
James Robert Parker
Sharon Waltz
Terri Mollica
Jimmy Lacey
Jayson Meyer
Charles Ford
Jerry Vann
Alan Yoe
Raiford (Ray) Dyer
Tony Mollica
Patricia Osborne
Donyatta Foster
Ken Dowdy
Kimberly Patton
Flora Blackledge
Terry Burney
Raenna Bolle
Mike Oliver
4849-8834-8208.1
Chris Retan
Eugenia Thompson
Abdul Kallon
Alvin Fox
Valerie Holm
Claudia Johnson
Matthew Marinelli
Donald Solomon
Thomas Tucker
Brandi Eddins Wilson
Theresa Ann DeLeon
Roger Bushong
Yelly Dobbins
Kevin Fowler
Alexander Greenbaum
Carolyn Holmes
Lee Anne Irwin
Kenthia McLeod
Jerry Price
4849-8834-8208.1
Pamela Watson
Pamela Weaver
Janie White
Dwight Williams
Christopher Bledsoe
Keith Covington
Kenneth Holcomb
Michael Hollon
Austin Landry
Phillip Stutts
Vincent Howell
Jeff White
Stanley Solomon
Kristi Hazelwood
Bob Bohorfoush
Eva Dhua
Les Alexander
John Bailey
Rickey Green
4849-8834-8208.1
Max Michael
Kevin Ware
Louis Maxwell
Do you know or have you heard of any of these individuals?
13.
This names below are people companies or organizations that might be
mentioned at trial:
Banks, Finley & White
Covenant Consulting Group
Health Resources Services Administration
Birmingham Financial Federal Credit Union
Commercial Valuation Services
WorkSmart MD
Junior Davis & Associates
CB Richard Ellis
Henry Schein, Inc.
NM Construction
Vincent Construction
Villaggio Restaurant at Ross Bridge
Bernies on Main
La Dolce Vita
4849-8834-8208.1
Maynard Cooper & Gale

Hare & Clement
Drake Hogan Pharmacy
Joseph & Co.
Have you, a family member, or close friend ever worked at, done business with, or
otherwise had any contact with any of those listed companies and entities?
D.
Background in Community Health Centers, Government Grants,

Accounting and Real Estate
1.
In this case, there will be great deal of testimony regarding community
health centers, which are organizations that provide health care services to various
individuals, including the homeless and the poor.
Have you ever received
treatment at a community health center?

2.
Do you know anything about how community health centers operate?
3.
There will also be testimony about government grants, including those
provided by the federal government through the Health Resources Services

Administration.
Have you ever been involved in preparing applications for
government grants, or worked for an organization that received government grant

funds?
4.
Do you know anything about how the government grant process works?
4849-8834-8208.1
10
5.
There will be a lot of accounting-related testimony regarding amounts paid
to or by Mr. Dunning, and otherwise owed to him. Do you have any particular
knowledge of accounting, bookkeeping or finance-related matters?
6.
Have you, or your family members or close friends, ever worked as an
accountant or bookkeeper?
7.
Have you, or your family members or close friends, ever worked as a real
estate appraiser or had dealings in commercial real estate?

8.
Do you have any particular knowledge of commercial real estate or the
appraisal process?
E.
Knowledge and Experiences of Panel Members
1.
Do you now or have you ever held a position of leadership in any religious,
civil, political, social, professional or labor organization, society, or association?

2.
Do you now or have you ever worked with any organization whose mission
includes providing assistance to the homeless or indigent?

3.
Do you, or does anyone in your household, have any bumper stickers or
decals on your vehicle, or a personalized license plate?

4.
Have you ever worked in any way in the area of real estate development, or
buying and selling commercial real estate?
4849-8834-8208.1
11
5.
Have you ever been employed in a position that involved contract
negotiations, business projections, accounting, bookkeeping, or financial matters

for any type of organization?
6.
Have you ever owned or invested in a business?
7.
Have you ever served on the board of directors or in the capacity of
president, chief executive officer, chief operational officer, division manager, or

other official position with a company?
8.
Have you or anyone close to you been affected by the financial problems of
a company where there have been allegations of corporate fraud or wrongdoing on

the part of the executives?
9.
Have you ever loaned money to a friend?
10.
The evidence at trial will reflect that some of the government witnesses and
others involved in the case failed to file income tax returns, and others had
questionable entries on filed tax returns. Have you or a close friend or relative
ever had an issue with the IRS regarding the filing or non-filing of tax returns?
11.
The evidence at trial will reflect that the defendant had a strong personality
and aggressively sought to advance his business interests. Do you believe that
hearing evidence regarding the defendants efforts to maximize his income could
affect your ability to be a fair and impartial juror?
4849-8834-8208.1
12
12.
The evidence at trial will reflect that the members of the boards of BHC and
CACH included a number of individuals who were over 60 years old. Do you
believe that people who are over 60 years old are less capable of making sound
decisions about financial matters?
13.
The evidence at trial will reflect that the defendants companies received
contract payments and lease payments from BHC and CACH. BHC and CACH
are both non-profit organizations, while the defendants companies were for-profit
entities. Do you believe that there is anything improper about for-profit companies
contracting to provide goods and services or leasing space to non-profit
organizations?
F.
Views about the Government and Lawyers
1.
Have you, a family member, or a close friend ever applied for a position
with any law enforcement or securities regulatory agency?

2.
Have you, a family member, or a close friend ever been employed by or had
any association with, the federal, state, or local government, or by any of its
offices, departments, or agencies, including any law enforcement agency?
3.
Have you, a family member, or close friend been a member of a group that
lobbies or takes positions on law enforcement issues on a local, state, or federal

level?
4849-8834-8208.1
13
4.
Have you, a family member, or close friend ever been a part of any branch
of the United States military or any other countrys military?

5.
Have you, a family member, or close friend studied or practiced law or
worked in any capacity for a law office or for a private investigator?

6.
Would you be able to follow the law and evaluate the testimony of each
witness in terms of that witnesss credibility?

G.
Experience With and Views of the Criminal Justice System
1.
Do you believe that simply because the defendant has been charged with a
crime it is likely he did something wrong?

2.
Do you believe an that an indictment alone is proof of any wrongdoing?
3.
In this case, the government has charged the defendant with 112 felony
counts. Do you believe that someone charged with so many counts must be guilty
of at least some of them?
4.
The government prepares indictments and presents them to the grand jury,
which considers those indictments without hearing any evidence from the
defendant, and applies a standard which is far lower than the reasonable doubt
standard you will apply in this case. Would you have difficulty accepting that if
you were chosen as a juror?
4849-8834-8208.1
14
5.
If, after hearing all the evidence and my instructions on the law, you found
that the government has not proven its case beyond a reasonable doubt, would you
feel comfortable finding the defendant not guilty?
6.
Have you, or a relative or close friend, ever been charged with or convicted
of any crime?
7.
Have you, a family member, or a close friend ever been accused of fraud?
8.
Have you, or a relative or close friend, ever been the subject of an
investigation or accusation by any grand jury, state or federal, or any other

investigation, or the recipient of a subpoena for any inquiry or investigation?
9.
Have you, or has any relative or a close friend, ever appeared as a witness,
been involved with in an individual or business capacity, or been questioned for

any investigation or inquiry, or been part of any legal action or dispute brought by
any of the following: the United States Department of Justice, the United States
Attorneys Office for the Northern District of Alabama, the IRS, the FBI, or the
Department of Health and Human Services?
H.
Victim of a Crime
1.
Have you, or has any family member or any close friend, ever been the
victim of a crime, or ever pressed criminal charges against someone, or tried to

press criminal charges against someone?
4849-8834-8208.1
15
2.
Have you, or your close friends or family members, been the victims of a
fraud or financial crime?

I.
Prior Jury Service
1.
Have you ever served as a trial juror before in any type of case?
2.
Was a verdict reached?
3.
Have you served as a grand juror, which is different?
4.
If you have previously served as a trial juror or grand juror, is there anything
about your prior experiences as a juror that would prevent you from acting as a fair
and impartial juror in this case?
J.
Views on Witnesses and Evidence
1.
You may hear testimony in this case from what are called cooperating
witnesses; that is, witnesses who at one time were involved in alleged illegal
activity and are testifying on behalf of the government pursuant to a cooperation
agreement in the hopes of receiving a lesser sentence for the crimes they pled
guilty to. Do any of you have any experience with or feelings about the use of
cooperating witnesses generally or the credibility of evidence or information
provided by cooperating witnesses that would make it difficult for you to render a
fair and impartial verdict in this case?
4849-8834-8208.1
16
2.
If one or more of these cooperating witnesses testifies, you will be instructed
that you should consider their testimony with more caution than the testimony of
other witnesses. Would you have any difficulty doing so?
3.
If selected as a juror, you will hear testimony from witnesses called by the
government and possibly the defense. Would you be more likely to believe a
witness who was called by the government?
4.
What if the witness called by the government was an FBI agent: would you
be more likely to believe that witness?

5.
Would you be more likely to believe the testimony of an FBI agent if that
agents testimony was inconsistent with another witness?

6.
Would you be more likely to give an FBI agents testimony more weight
than another witness?

7.
What if the witness called by the government was a government employee:
would you be more likely to believe that witness?

8.
Would you be more likely to believe the testimony of a government
employee if that witnesss testimony was inconsistent with another witness?

9.
Would you be more likely to give a government employees testimony more
weight than another witness?

10.
You must keep an open mind about this case and all the evidence that will be
4849-8834-8208.1
17
admitted until the end of the case. Do you believe you would have any difficulty
complying with that instruction?
11.
The testimony in this case will include that which relates to government
grants for community health centers. Do you believe that government funds to
provide health care to the homeless and indigent are often wasted?
12.
Do you believe that you would have difficulty remaining impartial and
withholding judgment in a case where the government has alleged a misuse of

grant funds intended for homeless and indigent people?
K.
Ability to Follow the Law
1.
Every defendant is presumed innocent and cannot be convicted unless the
jury unanimously, based solely on the evidence in the case, decides that his guilt
has been proven beyond a reasonable doubt. The burden of proving guilt beyond a
reasonable doubt rests entirely with the government. The defendant has no burden
of proof whatsoever. Would you have any difficulty in following this instruction?
2.
Under the law, an indictment is merely a list of formal charges and is not
considered proof of any wrongdoing. The fact that the defendant has been indicted
is entitled to no weight at all in deciding whether a defendant is innocent or guilty.
Do you have any difficulty in accepting this principle?
3.
Under our system of law, the jury determines the facts and the court
determines the law. These are two separate areas. At the end of the case the Court
4849-8834-8208.1
18
will give you instructions as to what the law is. And it is your job to determine the
facts of the case subject to the Courts instructions on the law. You cannot
substitute your notions for what the law is or what it should be. You have to rely
entirely on the legal instructions given at the end of the case. Do you believe that
you would have difficulty or be unable in any way to apply the law as given to you
in the instructions at the end of the case?
4.
The burden of proof in a criminal casebeyond a reasonable doubtis
greater than the burden of proof in a civil case. In a criminal case, the defendant is
presumed innocent, and the government has to prove guilt beyond a reasonable
doubt. In a civil case, the plaintiffs burden is only to show that he or she is more
likely than not to be entitled to relief. And that is, of course, a much lesser standard
than the beyond-a-reasonable-doubt standard. You may have had experience in
civil cases. And so you understand that it is a different burden and a much higher
burden in a criminal case. Is there anyone who does not understand that the
governments burden of proof in this criminal case of beyond a reasonable doubt is
higher than the preponderance-of-the-evidence test that is used in a civil case?
5.
Under the law, the defendant does not have to testify or even present any
evidence. If the defendant does not testify, the jury cannot draw any unfavorable
inference against the defendant based on that decision. That fact cannot enter at all
4849-8834-8208.1
19
into the jurys deliberation. Would any of you have any difficulty in applying this
principle?
6.
Under the law, the defendant is under no obligation to present any evidence
or case on his own behalf. If the defendant elects not to present any evidence, the
jury cannot draw any adverse inference against the defendant based on that
decision. Again, that fact cannot enter at all into the jurys deliberation. Would you
have any difficulty in following that instruction?
7.
Should the defense counsel decide to put on a case on the defendants
behalf, that fact does not in any way shift the burden of proof to the defendant. The
burden of proof always remains with the government. The government is always
under the obligation to prove the defendants guilt beyond a reasonable doubt.
Would you have any difficulty in following that principle?
8.
The law provides that only the evidence that is produced here in court may
be used by you to determine whether the government has met its obligation of
proving the defendants guilt beyond a reasonable doubt. This is because much of
what is on the Internet is unreliable and/or inaccurate, and that concept applies in
this and every court case. Nothing that happens outside of court, nothing on the
Internet, nothing in your background can play any role in any decision here. It is
only what you hear and see in this courtroom. Would you have any difficulty in
applying that principle?
4849-8834-8208.1
20
L.
Summary Question
1.
As you can tell from the prior questions, the fundamental issue here is
whether there is anything in your personal history or life experience that would
prevent you from acting as a fair and impartial juror. Is there anythingwhether
specifically asked about or not - that would affect your ability to render a fair and
impartial verdict in this case?
4849-8834-8208.1
21
Respectfully submitted,
/s/ William C. Athanas
William C. Athanas
WALLER LANSDEN
DORTCH & DAVIS LLP
1901 Sixth Avenue North, Suite 1400
Birmingham, AL 35203
Telephone: (205) 226-5703
Facsimile: (205) 214-8787
Email: bill.athanas@wallerlaw.com
/s/ Charles W. Prueter
Charles W. Prueter
WALLER LANSDEN
DORTCH & DAVIS LLP
1901 Sixth Avenue North, Suite 1400
Birmingham, AL 35203
Telephone: (205) 226-5735
Facsimile: (205) 214-8787
Email: charles.prueter@wallerlaw.com
/s/ William H. Thomas
William H. Thomas
The W.H. Thomas Firm
The Tower Above the Four Seasons
75 Fourteenth Street, Suite 2500
Atlanta, GA 30309
Telephone: (404) 897-3523
Facsimile: (678) 965-1781
Email: bill@whthomasfirm.com
CERTIFICATE OF SERVICE
I hereby certify that on this the 22nd day of April 2016, I filed this pleading
through the Courts CM/ECF system, serving all parties of record via email.
/s/ William C. Athanas
William C. Athanas
4849-8834-8208.1
22

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FILED

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 1 of 22

2016 Apr-22 PM 03:37

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

Case No. 2:14-cr-00382-BJR

DEFENDANTS PROPOSED VOIR DIRE QUESTIONS

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 2 of 22

credibility without bias or prejudice?

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 3 of 22

Knowledge of the Case and Media Coverage

In this case, Jonathan Dunning has been charged with defrauding

Knowledge of the Parties

The government is represented here by the United States Attorneys Office

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 4 of 22

The defendant is represented by Bill Athanas of the Waller Lansden firm in

As I mentioned at the outset, the defendant is Jonathan Dunning. Do you

know or have you had any dealings with Mr. Dunning?

Mr. Dunning owned all or a majority of a number of companies that

provided medical billing and consulting services, including Synergy Medical

In addition, Mr. Dunning owned all or a majority of a number of companies

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 5 of 22

The evidence in this case will relate to Birmingham Health Care, a

community health center located in Birmingham.

Have you ever heard of

Birmingham Health Care?

Birmingham Health Care facility?

The evidence will also relate to Central Alabama Comprehensive Health, a

Birmingham Health Care facility?

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 6 of 22

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 7 of 22

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 8 of 22

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 9 of 22

This names below are people companies or organizations that might be

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 10 of 22

Maynard Cooper & Gale

Background in Community Health Centers, Government Grants,

In this case, there will be great deal of testimony regarding community

Have you ever received

treatment at a community health center?

Do you know anything about how community health centers operate?

There will also be testimony about government grants, including those

provided by the federal government through the Health Resources Services

Have you ever been involved in preparing applications for

government grants, or worked for an organization that received government grant

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 11 of 22

There will be a lot of accounting-related testimony regarding amounts paid

Have you, or your family members or close friends, ever worked as an

estate appraiser or had dealings in commercial real estate?

Do you have any particular knowledge of commercial real estate or the

Knowledge and Experiences of Panel Members

civil, political, social, professional or labor organization, society, or association?

includes providing assistance to the homeless or indigent?

Do you, or does anyone in your household, have any bumper stickers or

decals on your vehicle, or a personalized license plate?

buying and selling commercial real estate?

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 12 of 22

Have you ever been employed in a position that involved contract

negotiations, business projections, accounting, bookkeeping, or financial matters

Have you ever owned or invested in a business?

Have you ever served on the board of directors or in the capacity of

president, chief executive officer, chief operational officer, division manager, or

a company where there have been allegations of corporate fraud or wrongdoing on

Have you ever loaned money to a friend?

Case 2:14-cr-00382-BJR Document 211 Filed 04/22/16 Page 13 of 22