Masters of Jury Selection SM

The Hon. Rosemary Ledet, Louisiana Court of Appeal - Fourth Circuit Roy C. Cheatwood, Baker, Donelson, Bearman, Caldwell & Berkowitz

Tony M. Clayton, Clayton and Fruge Celeste O’Keefe, Dancel Communications

Robert S. Toale, The Law Offices of Robert S. Toale Phillip A. Wittmann, Stone Pigman Walther Wittmann, LLC

Course Number: 0200121212

December 12, 2012

Roy C. Cheatwood

Louisiana Offices Managing Shareholder Baker, Donelson, Bearman, Caldwell & Berkowitz, PC 201 St. Charles Avenue, Suite 3600 New Orleans, Louisiana 70170 (504) 566-5200 (Telephone) (504) 636-4000 (Telecopier) rcheatwood@bakerdonelson.com

Roy C. Cheatwood is Managing Shareholder of the Louisiana offices of Baker Donelson. His practice includes banking, construction, contract, corporate and securities, energy, legal malpractice and commercial litigation.

Mr. Cheatwood graduated from the University of South Florida in 1968 and Tulane Law School in 1974, where he served on the Moot Court Board.

Mr. Cheatwood is a co-author of Louisiana Courtroom Evidence, a treatise published in 1993 interpreting the Louisiana Code of Evidence.

Mr. Cheatwood has been a lecturer for the American Bar Association, Louisiana State Bar Association, New Orleans Bar Association, Tulane Law School and Loyola University School of Law. His lecture subjects include depositions, evidence, trial tactics, and other related litigation subjects. He has been a faculty member of the National Institute for Trial Advocacy and is a Master Barrister of the Tulane Inn of Court.

Mr. Cheatwood is also listed in Best Lawyers in America® in the areas of Appellate Law, Banking and Finance, Bet-the-Company Litigation, Commercial Litigation, Environmental Law, Legal Malpractice Law and Professional Malpractice Law, since 1995, and named the Best Lawyers' 2011 New Orleans Appellate Lawyer of the Year; recognized in Chambers USA Guide, since 2003; named to the Lawdragon 3000 (2010, 2011); and listed in Louisiana Super Lawyers, since 2007.

Mr. Cheatwood is a member of the New Orleans, Louisiana State, American and Federal Bar Associations and is licensed to practice before all Louisiana state and federal courts, as well as the United States District Court for the Northern District of Texas, United States Court of Appeals for the Fifth and Eleventh Circuits, and the United States Supreme Court.

ANTONIO ‘TONY’ CLAYTON CLAYTON AND FRUGE 3741 LA HIGHWAY 1 SOUTH PORT ALLEN, LOUISIANA 70767 (225) 344-7000 (225) 383-7631 FAX Email: tclaytonlaw@aol.com Tony Clayton graduated from Southern University Law Center in 1991. While establishing his private practice, Mr. Clayton has had the privilege of also being involved in other areas of the legal profession.

• 1991 Began private law practice • 1992 Began career as a prosecutor for the Parish of East Baton Rouge • 1997 Appointed District Court Judge by the Louisiana Supreme Court, having

the distinct pleasure of serving as one of the youngest judges in Louisiana.

• 1999 Hired as Special Prosecutor for the Parish of East Baton Rouge • 2003 Hired as Special Prosecutor for 18th JDC • 2004 Hired by West Baton Rouge Parish as parish attorney to defend the Parish

of West Baton Rouge in all litigation involving parish government. • 2007 Michael P. Fruge joined law firm

REPRESENTATIVE MATTERS

• Plaintiff civil litigation • Defense civil litigation • Special Prosecutor for 18th and 19th Judicial District Courts

EDUCATION AND PROFESSIONAL BACKGROUND

• Southern University Law Center, Baton Rouge, Louisiana • Juris Doctorate -1991 • Class Standing: Cum Laude • Southern University, Baton Rouge, Louisiana • B.A. Political Science, 1988

PROFESSIONAL AFFILIATIONS

• Southern University Law Center Alumni Organization • American Inns of Court, Barrister • Southern University Board of Supervisors, Chairman • Louisiana Office of Student Financial Assistance Board • Louisiana Tuition Assistance Board • Louisiana District Attorney Association

MOST NOTABLE PROSECUTIONS

Clayton prosecuted Louisiana serial killer Derrick Todd Lee. The actual number of persons killed by Derrick Todd Lee is unknown. Lee was convicted of second degree marcher by Tony Clayton and is currently serving a life sentence in Angola Louisiana State Penitentiary.

In the Derrick Todd Lee, YSTR DNA was used. This case was one of the first to use this type of DNA at a trial in the United States. Clayton has appeared on Court TV as it relates to his prosecution of Louisiana’s notorious serial killer, Derrick Todd Lee. The episode is entitled “Tight Fitting Genes” and airs periodically on Court TV.

Clayton has also made numerous television appearances in the aftermath of his prosecution of Derrick Todd Lee. He has also co-authored a book, “I’ve Been Watching You,” with Susan Mustafo.

Clayton also prosecuted Louisiana’s second most notorious serial killer, Sean

Gillis. On the day before trial, Gillis pled guilty. He is currently serving a life sentence in Angola Louisiana State Penitentiary.

Ms. O’Keefe has accumulated nationwide jury research and litigation

consulting experience for eighteen years, and has worked with attorneys for

trial presentation for over 28 years. She brings an extensive amount of

experience in the field of courtroom psychology to the table, as she has

spent hundreds of hours interviewing and studying juries. As a consultant,

she has provided a comprehensive array of trial science and trial support

services to clients around the country.

Ms. O’Keefe has worked on hundreds of matters spanning many areas of

civil litigation, including: Intellectual Property; Product Liability, Breach

of Contract, Oil & Gas, Patent Infringement, Medical Malpractice, Personal

Injury, Fraud, Insurance Coverage and bad faith claims, White Collar

Criminal Indictments and Insurance Defense. Her practice includes: Mock

Trials, Focus Groups, Case Theme Development, Venue Studies, Jury

Selection Consultation, and Post Trial Interviews. Additionally, she has

facilitated many Shadow Juries, providing real-time jury-level feedback to

trial counsel during trial. She has been an integral force in strategizing and

executing some of the most influential trial presentations in significant

litigation for more than 28 years. Her experience in streamlining marketing

concepts with technology has allowed her to be instrumental in providing

“end to end” litigation support and consulting services to law firms across

the United States.

Ms. O’Keefe earned a Business and Marketing Degree from the University

of Southern Mississippi. She has experience testifying in Court as well as a

valuable understanding of the psychological factors that affecting

perceptions and judgment. Ms. O’Keefe is a member of the American

Society of Trial Consultants. Ms. O’Keefe has been a speaker at a number

of conferences, including Mississippi Association of Justice, American

Association of Justice, Baton Rouge Bar Association and Mississippi Bar

Association.

Listing of case names and references available upon request.

ROBERT S. TOALE Attorney at Law

505 Weyer Street Gretna, Louisiana 70053

Ph: (504) 366-8440 Fax: (504) 366-0054

Email: robertstoale@gmail.com Website: www.robertstoale.com

EXPERIENCE:

* Extensive trial experience representing defendants in criminal cases in federal and state

courts.

* Tried as lead attorney or assisted in over 100 jury trials in state and in federal court.

* Extensive trial experience representing litigants in domestic law disputes in state courts

prior to 2002.

* Active practicing attorney in the New Orleans area from 1983 to date.

* Certified by the Louisiana Public Defender Board as lead trial counsel in death penalty

cases in Louisiana

EMPLOYMENT HISTORY:

* Law Office of Robert S. Toale (1983 to present)

My firm’s practice presently is limited to criminal defense. However, prior to limiting

my practice I represented clients in a variety of areas including: personal injury, domestic,

bankruptcy, collections, and property and contract disputes.

* Jefferson Parish Indigent Defender Board (August 1988 – March 1993)

* Indigent Defender Board for Jefferson Parish Juvenile Court (January 1986-1988)

EDUCATION:

Graduate of Gerry Spence’s Trial Lawyers College, 2012

Graduate of the National Criminal Defense College’s Trial Practice Institute

National Institute for Trial Advocacy – 12 day training in 1989

National Institute for Trial Advocacy – 5 day training in 1982

Loyola University, J.D., 1982

Tulane University, B.A. in Political Science, 1975

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BAR ADMISSIONS:

* State of Louisiana

* State of Georgia

PROFESSIONAL AND CIVIC ORGANIZATIONS:

* Alliance for Good Government – Parliamentarian for Jefferson Parish Chapter

* American Civil Liberties Union

* Bar Association of the Fifth Circuit Court of Appeals

* Federal Bar Association – New Orleans Chapter

* Georgia Association of Criminal Defense Lawyers

* Jefferson Bar Association

* Louisiana Association of Criminal Defense Lawyers – Secretary of the Executive

Committee, Co-Chair of Lawyers Assistance/Defense, Member of CLE Committee,

Member of Legislative Committee, and Member of Board of Directors.

* Louisiana State Bar Association

* National Association of Criminal Defense Lawyers – Member of Indigent Defense

Committee

* New Orleans Bar Association

MISCELLANEOUS:

* Interviewed and quoted by CBS News, the ABA Journal, Newsweek, Lawyer’s Weekly,

and National Law Journal.

* Representation of clients in high profile cases, such as: Vernon Williams, Patricia Van

Winkle, Thomas Abadie, Joel Durham, and Jerry Dantin.

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PHILLIP A. WITTMANN is a partner at the law firm of Stone Pigman Walther

Wittmann L.L.C. He concentrates his practice in commercial litigation, class actions, toxic tort,

and products liability matters. He has extensive trial experience and maintains an active

litigation practice. Mr. Wittmann is a frequent lecturer at seminars conducted by the Louisiana

State and New Orleans Bar Associations, Tulane University, and Louisiana State University on

trial practice topics. He has served as a member of the Civil Rules Advisory Committee of the

Judicial Conference of the United States, and the House of Delegates of the Louisiana State and

American Bar Associations. He is a Past-President of the New Orleans Bar Association and a

Fellow of the American College of Trial Lawyers, the American Academy of Appellate Lawyers

and the International Society of Barristers. He also served as Chairman of the Louisiana State

Board of Legal Specialization and is a former Chairman of the Louisiana State Bar Association

Continuing Legal Education Committee. Mr. Wittmann is the 2008 recipient of the Louisiana

State Bar Association's Curtis R. Boisfontaine Trial Advocacy Award and the 2010 recipient of

the Louisiana Bar Foundation's Distinguished Attorney Award. He has been named to The Best

Lawyers in America in the field of business litigation since its initial publication. He has been

named to Chambers USA in the field of general commercial litigation. He has also been named

to Louisiana Super Lawyers. He received his J.D. degree in 1961 from Tulane Law School

where he earned Order of the Coif and Law Review Honors.

NEW ORLEANS BAR ASSOCIATION

2012 MASTERS OF JURY SELECTION Juror Profiles

#1 Paula #2 Stephanie #3 Kelly #4 Ben #5 Ann 40 years old 30 years old 43 years old 37 years old 31 years old Female Female Female Male Female Af Am Hispanic Caucasian Af Am Caucasian Gentilly Lakefront Lakefront Mid-City Mid-City Single Married Divorced Single Single 1 child 2 children No children 1 child No children Bachelor's JD Some college Masters; JD Bachelor's

First Bank & Trust bank teller

Law Firm Cocktail waitress @ Cat's Meow

Law Firm Freelance photographer

No spouse Spouse: Cox Communications

No spouse No spouse No spouse

Yes, criminal to verdict

No jury service No jury service No jury service No jury service

#6 Kelsey #7 Bryan #8 Cammie #9 John #10 Seyi

(Shay) 29 years old 36 years old 53 years old 65 years old 38 years old Female Male Female Male Male Caucasian Caucasian Caucasian Caucasian Af Am Uptown Uptown Bywater Garden District Harvey Divorced Married Divorced Married Married No children 2 children 1 child 1 child 1 child Bachelor's JD Bachelor's Bachelor's BA

Flower Shop Law Firm Law Firm Art Dealer Law Firm

No spouse Spouse: New Teacher Project

No spouse Spouse: Tour guide at Cabildo

Spouse: Law Firm

No jury service No jury service No jury service Called not selected

No jury service

#11 Nick #12 Natalie #13 Mark #14 Steven #15 Justin 25 years old 25 years old 61 years old 57 years old 45 years old Male Female Male Male Male Caucasian Caucasian Caucasian Caucasian Af Am French Quarter University area Uptown Lakeview Warehouse

District Single Single Married Divorced Single No children No children 3 children 1 child No children Bachelor's Bachelor's Bachelor's Bachelor's Bachelor's

Piano player in Jazz clubs

Barista at Starbucks

Teacher at Jesuit HS

Real Estate Developer

Software Designer

No spouse No spouse Homemaker No spouse No spouse

No jury service No jury service No jury service No jury service Yes - criminal to verdict

2012 MASTERS OF JURY SELECTION JURY VENIRE

# Juror Description

∆ Strikes

∏ Strikes

For Cause

Phil & Tony

1 AAF (40) Bank Teller

2 HF (30) Lawyer

3 WF (43) Cocktail Waitress

4 AAM (37) Lawyer

5 WF (31) Photographer

6 WF (29) Flower Shop

7 WM (36) Lawyer

8 WF (53) Lawyer

9 WM (65) Art Dealer

10 AAM (38) Lawyer

11 WM (25) Jazz Musician (piano)

12 WF (25) Barista

13 WM (61) H.S. Teacher

14 WM (57) Real Estate Developer

15 AAM (45) Software Designer