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MICHAEL BAILEY

United States Attorney

ANNA WRIGHT

Assistant U.S. Attorney

NATHANIEL J. WALTERS

Assistant U.S. Attorney

State Bar No.: 029708

405 West Congress, Suite 4800

Tucson, Arizona 85701-5040

Telephone: (520) 620-7300

E-mail: anna.wright@usdoj.gov

E-mail: nathaniel.walters@usdoj.gov Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

 Plaintiff, 

 vs. 

Scott Daniel Warren, Defendants.

CR-18-00223-RCC (DTF)

GOVERNMENT’S PROPOSED 

QUESTIONS TO BE INCLUDED IN JURY 

QUESTIONNAIRE

The United States of America, by and through its undersigned attorneys, hereby 

submits its proposed questions to be included in a jury questionnaire in this case.

I. Introduction

The defendant, Scott Daniel Warren, a member of No More Deaths, is charged with 

harboring illegal aliens from January 14-17, 2018. The defendant is alleged to have 

harbored the illegal aliens at a location colloquially referred to as “The Barn,” which is 

located in Ajo, Arizona. 

II. Proposed Background Questions

1. Juror Name:__________________________________ Juror Number:_______

2. Place of Birth:______________________________________

3. What is your current occupational status? (Check all that apply)

a. Work full-time outside the home _____

b. Work part-time outside the home _____

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c. Full-time homemaker _____

d. Unemployed _____

e. Student _____

f. Retired _____

g. Disabled _____

h. Other (Please Explain in Margin) _____

i. What is your occupation? _____________________________________

4. What is the highest level of education you have completed?

a. High School _____

b. Bachelor’s Degree _____

c. Master’s Degree _____

d. Doctorate _____

e. What field of study is your degree? ______________________________

5. Please state your marital status:

a. Married _____

b. Single _____

c. Divorced _____

d. Widowed _____

6. What is your annual household income?

a. Less than $25,000 _____

b. Between $25,000 and $70,000 _____

c. Between $70,000 and $100,000 _____

d. More than $100,000 _____

III. Proposed Substantive Questions

7. How often do you read the newspaper?

a. Every day _____

b. Several times a week _____

c. Once/twice a week _____

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d. Less often than once a week _____

e. Never _____

f. What newspapers do you read? _________________________________

8. How often do you watch TV news?

a. Every day _____

b. Several times a week _____

c. Once/twice a week _____

d. Less often than once a week _____

e. Never _____

f. What stations and programs? __________________________________

9. How often do you listen to radio news?

a. Every day _____

b. Several times a week _____

c. Once/twice a week _____

d. Less often than once a week _____

e. Never _____

f. What stations? _____________________________________________

10.How often do you get news from the Internet?

a. Every day _____

b. Several times a week _____

c. Once/twice a week _____

d. Less often than once a week _____

e. Never _____

f. What sites? _______________________________________________

11.Have you ever researched, whether on the Internet or in print, the immigration 

laws or immigration policies of the United States? If so, please explain.

a. If so, is there anything about your search or research that might affect 

your ability to be completely fair and impartial? If so, please explain.

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12.Do you recall hearing or reading anything about this case?

a. If so, please state in detail how you learned about this case and what you 

know about it.

b. If so, is there anything that you have heard or read about this case that 

would make it difficult for you to be a fair and impartial juror in this 

case? Please explain.

c. If so, have you formed any opinions about the defendant’s guilt or 

innocence? Please explain.

13.Do you have any strong beliefs, issues, or concerns about the use of the terms

“illegal aliens” or “illegal immigrants”? If so, please explain.

14.Have you performed any internet searches, conducted any research, or heard of

the following people or topics (circle all that apply):

a. Scott Warren

b. No More Deaths

c. Humanitarian Aid Groups

d. Prevention Through Deterrence

15.If you circled any of the above-listed topics, please explain what you saw or 

read, and any opinions you hold as a result of those topics.

16. Frequently, there is publicity in Southern Arizona regarding Border Patrol 

Agents, border security, and illegal immigration. Is there anything about any of 

the publicity you have seen, heard, or read which might affect your ability to be 

completely fair and impartial? If so, please explain.

17.Do you have any personal knowledge about this case? If so, please explain.

18.Have you ever lived and/or worked on or near the border with Mexico? If so, 

please explain.

19.Have you ever lived and/or worked in or near Ajo, Arizona? If so, please explain.

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20.Have you, or a close family member or friend, had any unfavorable, unpleasant 

and/or difficult experiences from contact, such as through employment, tourism, 

shopping, etc., with the border with Mexico? If so, please explain.

21.Have ever had contact with known or suspected illegal aliens? If so, please 

explain.

22.Have you ever had contact with humanitarian aid groups such as No More 

Deaths, Humane Borders, Tucson Samaritans, etc.? If so, please explain.

23.Have you, or a close family member or friend, ever volunteered with a 

humanitarian aid organization such as No More Deaths, Humane Borders, 

Tucson Samaritans, or others? If so, please explain.

a. Have you, or a close family member or friend, ever donated money or 

resources to a humanitarian aid organization such as No More Deaths, 

Humane Borders, Tucson Samaritans, or others? If so, please explain.

24.Do you, or a close family member or friend, display signs in support of 

humanitarian aid organizations such as No More Deaths, Humane Borders, 

Tucson Samaritans, or others? If so, which organizations?

25.Do you, or a close family member or friend, have any bumper stickers on any 

vehicle in support of humanitarian aid organizations such as No More Deaths, 

Humane Borders, Tucson Samaritans, or others? If so, please explain.

26.Do you believe there is a distinction between real humanitarian aid to illegal 

aliens and sheltering illegal aliens?

a. If so, how would you describe the difference?

b. If the law draws a line between these two types of conduct in a different 

way than your answer above, would you be able to set aside your 

predispositions and follow the law?

27.Several witnesses in this case are law enforcement officers, including Border 

Patrol Agents.

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a. Would you tend to believe or credit these witnesses’ testimony more than 

the testimony of a non-law enforcement officer simply because of their 

position? If so, please explain.

b. Would you tend to believe or credit non-law enforcement officers’ 

testimony more than the testimony of a law enforcement officers simply 

because of they are not law enforcement? If so, please explain.

28.Have you ever served in the military? If so, please explain.

a. If so, did you ever have contact with humanitarian aid organizations? If 

so, please explain.

29.Do you believe the United States should have “open borders,” or in other words, 

that a person should not have to seek permission from the United States 

government to enter the United States? If so, please explain.

30.Do you believe that the United States has the right to control the land along the 

border with Mexico?

31.Do you believe the United States should decriminalize illegal entry into the 

United States? If so, please explain.

32.Do you believe there are limits on Border Patrol’s authority to enforce 

immigration laws within the United States? If so, please explain.

a. Do you believe there should be limits on Border Patrol’s authority to 

enforce immigration laws within the United States? If so, please explain.

33.Have you, or a close family member or friend, ever supported, individually or as 

a member of a group or organization, less security along the border with Mexico?

If so, please explain.

a. Have you, or a close family member or friend, ever supported, 

individually or as a member of a group or organization, less security 

along the border with Mexico?

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b. Have you, or a close family member or friend, ever donated money, 

individually or as a member of a group or organization, for less security 

along the border with Mexico?

c. If so, have you, or a close family member or friend, ever held any office 

or title in any organization? If so, please explain.

34.Have you, or a close family member or friend, ever advocated for, individually 

or as a member of a group or organization, immigrant rights? If so, please 

explain.

35.Have you written or called any elected or appointed government official to 

express your opinion about illegal immigration, the Border Patrol, or other 

related issues? If so, please explain.

36.Have you written or called any newspaper, magazine, television program, or 

website to express your opinion about illegal immigration, the Border Patrol, or 

other related issues? If so, please explain.

37.In your religious groups, church services, or other groups, have border crossings, 

illegal immigration, harboring illegal aliens, or humanitarian aid issues been 

discussed? If so, please explain.

a. Have your religious groups, church services, or other groups, 

volunteered with a humanitarian aid organization such as No More 

Deaths, Humane Borders, Tucson Samaritans, or others? If so, please 

explain.

b. If so, did you participate? Please explain.

38.You will hear testimony from two witnesses; one is a citizen of El Salvador and 

the other is a citizen of Honduras. Is there anything about their nationality, 

citizenship, or country that would make it difficult for you to be fair and 

impartial in this case? If so, please explain.

39.Do you believe people should be allowed to house illegal immigrants who have 

just crossed the border with Mexico in their homes? If so, please explain.

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a. If so, if the Court’s instructions on the law differ from your view, would 

you be able to set aside your predispositions and follow the law?

40.Have you, or a close family member or friend, ever been arrested for, charged 

with, or convicted of a criminal offense, including DUI and related charges, 

other than petty traffic offenses? If so, please explain.

41.Have you, or a close family member or friend, ever been involved in providing 

shelter to illegal aliens? If so, please explain.

42.Have you, or a close family member or friend, ever been involved in concealing

illegal aliens? If so, please explain.

43.Have you, or a close family member or friend, ever been involved in shielding 

illegal aliens from law enforcement? If so, please explain.

44.Have you received any legal training or education such as law school, paralegal 

school, or taken criminal justice course? If so, please explain.

45.Do you hold any religious, philosophical, moral, or any other type of personal 

belief that would make it difficult for you to stand in judgment of or find the 

defendant guilty of a crime even though the United States proved his guilty 

beyond a reasonable doubt? If so, please explain.

46.Do you have an opinion about illegal aliens testifying against the defendant that 

would interfere with or predispose your judgment in this case such that you could 

not render a fair verdict? If so, please explain.

47.Do you believe that the question of possible punishment should be allowed to 

enter your deliberations? If so, please explain.

a. If so, if you were given an instruction that you are not allowed to 

consider any possible punishment, could you follow that instruction?

48.Under the law, the United States has the burden of proving each crime beyond a 

reasonable doubt. Would you require the United States to prove the charged 

crimes beyond all doubt or beyond all possible doubt (a higher burden than 

required by law)? If so, please explain.

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49.The United States may present circumstantial evidence. The Court will instruct 

you that circumstantial evidence is also proper evidence for you to consider in 

deciding the case. Would you have any problems with following the Court’s 

instructions regarding circumstantial evidence? If so, please explain.

50.Have you, or a close family member or friend, had the police search their car, 

home, business, or other property? If so, please explain.

a. If so, would that experience affect your decision in any way when it is 

time for you to evaluate the evidence in this case?

51.Is there anything about the charge, the facts, or the issues involved in this case 

that you have learned from this questionnaire, which you believe would make it 

difficult for you to be a fair and impartial juror to both the United States and the 

defendant? If so, please explain.

Respectfully submitted this 26th day of August 2019.

MICHAEL BAILEY

United States Attorney

District of Arizona

/s/ Anna R. Wright & Nathaniel J. Walters

ANNA WRIGHT &

NATHANIEL J. WALTERS

Assistant U.S. Attorneys

Copy of the foregoing served electronically or by

other means this 26th day of August 2019, to:

All ECF participants

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