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ELIZABETH A. STRANGE

Acting United States Attorney District of Arizona

Wallace H. Kleindienst

Mary Sue Feldmeier

Assistant U.S. Attorneys

United States Courthouse

405 W. Congress Street, Suite 4800

Tucson, Arizona 85701

Telephone: 520-620-7300

Email: wallace.kleindienst@usdoj.gov mary.sue.feldmeier@usdoj.gov

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

 Plaintiff, 

 vs. 

Lonnie Swartz,

 Defendant.

CR-15-01723-TUC-RCC (DTF)

GOVERNMENT’S ADDITIONAL

PROPOSED QUESTIONS TO BE 

INCLUDED IN JURY QUESTIONNAIRE

 COMES NOW the United States of America, by and through its undersigned 

counsel, and hereby submits an approved questionnaire and its additional proposed 

questions to be included in a jury questionnaire in this case.

On May 30, 2017, the Court ordered (Sealed Order Doc. 154) the following 

questions as being appropriate questions for a questionnaire:

Introduction

The Defendant, who is a Border Patrol Agent, is charged with Second Degree

Murder. On October 10, 2012, the defendant fired his weapon through the International 

Border Fence on West International Street (near the DeConcini Port of Entry of Nogales, 

Arizona), shooting to death Jose Antonio Elena Rodriquez, a Mexican citizen, who was on 

the opposite side of the Fence in Nogales, Sonora, Mexico. The shooting incident occurred 

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during an incident involving individuals in Mexico, who climbed over the Fence into the 

United States, carrying bundles containing marijuana.

Government Questions:

1. Do you recall hearing or reading anything about this shooting?

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.

2. Do you have any personal knowledge about this shooting? If so, please 

explain.

3. Have you ever lived and/or worked, on or near the International Border with 

Mexico, including Nogales, Arizona? If so, please explain.

4. Have you or a family member ever worked in local, state or federal law 

enforcement, including Customs and Border Protection, Border Patrol, and Immigration 

and Customs Enforcement? If so, please explain.

5. Have you or a family member ever advocated for, individually or as a member 

of a group or organization, greater security along the International Border with Mexico to 

prevent illegal immigration and/or the smuggling of illegal drugs? If so, please explain.

6. Have you or a family member ever supported and/or belonged to a group or 

organization that provides a physical presence along the International Border with Mexico 

to assist law enforcement in stopping illegal immigration and/or the smuggling of illegal 

drugs? If so, please explain.

7. Because there will be evidence in this case that marijuana was illegally 

brought into the United States, are there any issues with drug addiction or abuse that would 

affect you if you are a juror in this case that you would like to bring to the Court and the 

parties in a confidential setting?

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8. Is there anything about the charge, the facts and 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 government and the defendant? If so, please 

explain. 

Swartz’ Questions:

1. Juror Name: Juror Number:

2. Place of Birth: 

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

Work full-time outside the home ______

Work part-time outside the home ______

Full-time homemaker ______

Unemployed ______

Student ______

Retired ______

Disabled ______

Other ______

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

High School ______

Bachelor Degree ______

Masters ______

Doctorate ______

5. Please state your marital status:

Married ______

Single ______

Divorced ______

Widowed ______

6. What is your annual household income?

Less than $25,000 ______

Less than $25,000-$70,000 ______

Less than $70,000-100,000 ______

Over $100,000 ______

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7. Please list any organizations to which you or your spouse or domestic partner 

belongs or in which either of you participate, either now or in the past five years:

Self:______________________________________________________

Spouse/domestic partner:_______________________________________

8. Do you belong to any of the following groups or organizations?

• Border Action Network

• Coalición de Derechos Humanos

• American Civil Liberties Union

• Amnesty International

• Any other groups which either actively support or oppose Immigration of 

other individuals to this country. If so, identify the organization here:

___________________________________________

a) If you circled any of the above organizations, have you held any office or title 

in any of the organizations you circled above: Yes_____ No______

b) Have you participated in any fund raisers or activities related to border issues or 

illegal immigration or drug smuggling activities along the border: Yes_____ 

No______

c) If YES, please describe the activities you have participated in: ___________

_____________________________________________________________

9. How often do you read a newspaper? What newspapers?

__________________________

Every day ______

Several times a week ______

Once/twice a week ______

Less often than once a week ______

Never ______

10. How often do you watch TV News? What stations and programs?

__________________________

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Every day ______

Several times a week ______

Once/twice a week ______

Less often than once a week ______

Never ______

11. How often do you listen to Radio News? What stations?

__________________________

Every day ______

Several times a week ______

Once/twice a week ______

Less often than once a week ______

Never ______

12. How often do you get News off the Internet? What sites?

__________________________

Every day ______

Several times a week ______

Once/twice a week ______

Less often than once a week ______

Never ______

13. Have you participated in or watched any marches, rallies, demonstrations or protests 

about border issues, the Border Patrol, or incidents that have occurred along the Border?

Yes______ No______

If YES, please describe any events you have participated in or 

watched:_____________________________________________________

____________________________________________________________

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

your opinion about illegal immigration or drug smuggling, the border patrol or other related 

issues? Yes______ No______

If YES, please describe:_________________________________________

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____________________________________________________________

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

to express your opinion about illegal immigration, drug smuggling, the border patrol or 

other related issues? Yes______ No______

If YES, please describe:_________________________________________

____________________________________________________________

16. Have border crossings, drug smuggling, or illegal immigration issues been 

discussed in your religious groups or church services, or other groups? Yes______ 

No______

If YES, please describe what was discussed:________________________

____________________________________________________________

17. Have you performed any internet searches regarding the following people or topics 

(circle all that apply):

• Lonnie Swartz

• Border Patrol Shootings

• Illegal Immigration

• Minute Men

• Border Action Network

• Humanitarian Aid on the U.S.-Mexico Border

If you circled any of the above topics, please explain what you saw or read, and nay 

opinions you hold as a result of these topics:_____________________________

_________________________________________________________________

_________________________________________________________________

18. Have you read any articles on the Internet regarding this case? 

Yes______ No______

If YES, please indicate any and all articles and when you read it:_____________

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_________________________________________________________________

_________________________________________________________________

If YES, did you form an opinion about this case as a result of reading the article?

Yes______ No______

If YES, to the previous question, please explain your opinion:________________

_________________________________________________________________

_________________________________________________________________

19. Is there anything that you know about the nature of the charges in this case that

would affect your ability to fairly evaluate the evidence regarding whether or not the 

government has proven the guilt of the defendants beyond a reasonable doubt?

Yes______ No______ Unsure______

If YES, please explain:______________________________________________

_________________________________________________________________

_________________________________________________________________

20. Do you know of any reason whatsoever why you cannot sit as a juror in this case 

and decide it fairly and impartially according to the law?

Yes______ No______ Unsure______

Please explain:____________________________________________________

_________________________________________________________________

_________________________________________________________________

Government’s Proposed Additional Questions to be Included in the Questionnaire:

1. Have you ever received training in the use of firearms? If so, please explain.

2. If you worked in a law enforcement capacity or served in the military, did 

you ever discharge your firearm while in the line of duty?

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3. Would you not find the Defendant guilty even if the government proved its 

case beyond a reasonable doubt because the Defendant was on duty as a law enforcement 

officer at the time he committed the offense?

4. Do you believe that law enforcement is legally entitled to use whatever force 

necessary, even if not legally justified, to protect the International Border with Mexico?

Respectfully submitted this 15th day of August, 2017.

ELIZABETH A. STRANGE

Acting United States Attorney

District of Arizona

s/ Wallace H. Kleindienst

Wallace H. Kleindienst

Mary Sue Feldmeier

Assistant U.S. Attorney

Copy of the foregoing served via 

electronically or by other means this

15th day of August, 2017, to:

Sean C. Chapman, Esq.

Jim Calle, Esq.

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