Opinion
23-cv-20100
05-15-2024
UNITED STATES OF AMERICA, Plaintiff, v. D1, CALVIN ZASTROW, D2, CHESTER GALLAGHER, D3, HEATHER IDONI, D5, JOEL CURRY, D6, JUSTIN PHILLIPS, D7, EVA EDL, AND D8, EVA ZASTROW, Defendants.
ORDER FINALIZING FORM FOR JUROR QUESTIONNAIRE
HON. MATTHEW F. LEITMAN JUDGE
In a prior Order, the Court indicated that it would utilize a juror questionnaire in this case and further said that it would use as a template a questionnaire used by the United States District Court for the Middle District of Tennessee. The Court invited the parties to propose changes to the template. The Government proposed a set of changes, and the Defendants then responded to the Government's proposed changes. The Court has carefully reviewed all of the parties' input concerning the form and substance of the questionnaire. Based upon the Court's review, the Court has adopted the attached version of the questionnaire as the version to be used in this case. The attached version contains some, but not all, of the changes requested by the Government and by the Defendants. The Court adopted the changes it deemed appropriate and did not make the changes it found inappropriate. The prospective jurors shall complete the attached form on the date previously established by the Court.
IT IS SO ORDERED.
JUROR QUESTIONNAIRE INSTRUCTIONS
Dear Prospective Juror:
You are on the jury panel for the case listed above. This questionnaire is designed to obtain information about you, to use in deciding your qualifications to serve as a juror in this case. The purpose of these questions is to determine whether prospective jurors can impartially decide this case based upon the evidence presented at trial and the instructions on the law given by the presiding judge. The questions are not intended to unnecessarily inquire into personal matters; all information obtained will be kept confidential.
You are sworn to give true and complete answers. Your answers will be available only to the court and the attorneys for the parties. The questionnaires belong to the Court and all copies will be returned to the Court. You are instructed not to discuss this case or the questionnaire with anyone, including your family, fellow jurors, or anyone else.
Although some of the questions may appear to be of a personal nature, please understand that the Court and the attorneys for the parties must learn enough information about each juror's background and experiences to select a fair and impartial jury. Please answer each question as fully and completely as possible. Your complete candor and honesty are necessary so that both the prosecution and the defense will have a meaningful opportunity to select a fair and impartial jury.
You must answer all the questions to the best of your ability. If you do not know the answer to a question then write, “I don't know.” If the question does not apply to you, write “N/A.” Please fill out the entire Questionnaire. DO NOT LEAVE ANY QUESTION BLANK.
The indictment in this case brings charges against seven defendants. The charges are set forth in three separate Counts. Each of the charges involves the term “reproductive health services.” That term means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counseling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.
In Count (1), the indictment alleges that all defendants conspired or agreed to block access to the entrance of a clinic that provides reproductive health services in Sterling Heights, Michigan. The indictment alleges that defendants entered into the charged conspiracy or agreement in order to oppress and intimidate (a) patients of the clinic in question from obtaining reproductive health services and (b) employees from providing those services. Obtaining and providing reproductive health services is a right guaranteed under the laws of the United States.
In Count (2), the indictment alleges that all defendants intentionally intimidated and interfered with patients and employees of a clinic that provides reproductive health services in Sterling Heights, Michigan by using their bodies to physically obstruct the entrance to the clinic, and that they did so (a) because patients and employees were obtaining or providing reproductive health services and (b) in order to intimidate patients from obtaining, and the employees from providing, reproductive health services.
Count (3) of the indictment only applies to two of the seven defendants, and alleges that they intentionally intimidated and interfered with patients and employees of a clinic that provides reproductive health services in Saginaw, Michigan by using their bodies to physically obstruct the entrance to the clinic, and that they did so (a) because patients and employees were obtaining or providing reproductive health services and (b) in order to intimidate patients from obtaining, and the employees from providing, reproductive health services.
The charges in the indictment are not any evidence of guilt. An indictment is simply the formal way that the Government informs the defendants of the charges against them.
The defendants have entered pleas of not guilty to all of the charges against them. The defendants are presumed innocent of all charges against them, and that presumption stays with them throughout the trial. The jury chosen to sit in this case may not convict any defendant of any charge unless the Government proves the elements of that charge beyond a reasonable doubt.
The jury in this case will be asked to listen to the evidence presented in court and make their decision based ONLY on the evidence they hear in court, without outside influence.
As a member of this jury panel, you are instructed that you MUST NOT do any research of any kind in relation to this case and must not talk to anyone else about it. You are NOT allowed to:
- Read or research anything related to this case.
- Listen to any discussion related to this case.
- Talk to anyone about this case, including your spouse/partner and other family members.
Jury selection is scheduled to start on or about August 6, 2024. Presentation of evidence will begin once a jury is selected and will last two to three weeks.
At the end of the questionnaire, you will be required to sign a true declaration stating under penalty of perjury that the answers you have provided on the questionnaire are true, correct, and complete to the best of your knowledge.
Please use a black or blue ink pen. DO NOT write on the back of the page. There is extra space at the end of this questionnaire if you run out of space for any question. Please write your juror number on the top right corner of each page where indicated. PLEASE PRINT OR WRITE LEGIBLY.
After you have completed, signed, and turned in the questionnaire, you may leave. You will be notified by the Clerk's Office when to report for jury duty. Do not discuss the questionnaire or your answers with any member of your household, family, friends, co-workers, fellow jurors, court personnel, or anyone else. Do not conduct your own research, including using the internet or any other electronic media, and from this point forward, do not read or watch any news reports about this case.
You must not gather, or attempt to gather, any information or otherwise investigate this case or any issues related to it.
Thank you for your cooperation, Hon. Matthew F. Leitman United States District Judge