Washington State

50 goats, pickleball and queer Marxism: Potential jurors in Spokane's ICE protesters trial offer quirky, sometimes politically charged comments

May 18-Among the most unpredictable parts of a trial is voir dire - the jury selection process. It provides attorneys some insight into the people available to hear their case and render a verdict.

In the U.S. District Court trial starting this week of three people accused of conspiring to impede or injure U.S. Immigration and Customs Enforcement agents in downtown Spokane last June as ICE tried to transport two legal immigrants to a detainment center in Tacoma, potential jurors answered questions and disclosed a bit about themselves. The attorneys for defendants Bajun Mavalwalla II, a military veteran, and Jac Archer and Justice Forral, two local activists, paid sharp attention. So did federal prosecutors in the closely watched case.

The trial is slated for two weeks at the Thomas S. Foley United States Courthouse. But it's likely to end early after 15 people are selected from a pool of more than 100 potential jurors from across Eastern Washington.

The voir dire process entails multiple rounds of questioning by prosecutors and defense attorneys, often tailored to topics related to the case. In this trial, attorneys have asked a number of questions to jurors from Wenatchee, Clarkston, Spokane and Yakima, such as "How do you feel about immigration enforcement?" or "How often do you consume the news?" and "Can you set aside your beliefs about immigration agents to follow the jury instructions?"

Many jurors said few words. But sometimes the questions elicited head-turning answers.

Here are some of those one- (or two-) liners from Monday's voir dire:

1. "I don't watch the news. My wife informs me."

2. "I am tired of jury duty."

3. "I have 50 (unintelligible) goats, so I don't have any hobbies."

4. "My wife can verify that."

5. "(My husband) is very opinionated ... That's why I don't wear my hearing aids."

6. Stated he has a membership to Planet Fitness, but wishes he "got there more often."

7. "I like watching those jets fly."

8. "I used to be a good swimmer. ... But last time I got in the pool, I'd packed on a few pounds. And I couldn't even swim to the bottom of the pool."

9. "I watch TV like 'The Voice.' ... And, unfortunately, Mariners baseball."

10. "An article caught my eye. ... It wasn't that well-written."

11. "This is crazy. Those guys look like soldiers (unintelligible) out there."

12. "This Thursday and next Thursday I have a golf tournament ... If I have to miss it, I will be crying."

13. "My young pup, he was guilty. By the grace of my neighbor, we didn't have to destroy him. We call him Jekyll now."

14. "I don't own a book."

And their hobbies:

* Watching the cattle come in.

* 50 goats.

* Sewing.

* Dogs.

* Playing cards.

* Hiking.

* Reading.

* Watching First Amendment auditors on YouTube.

* Hunting and fishing.

* Singing in the Church of Latter -day Saints' choir.

* Lego bricks.

* Volunteering at SCRAPS.

* Pickleball.

* Gardening.

* Cooking and making wine.

* Participating in the National Rifle Association.

* Golf.

* Radio clubs.

* Soccer.

* Crafting.

* Stained glass.

* Kayaking.

* Reading the Bible.

* Gaming or watching anime.

* Renovating homes.

* Brewing beer.

* Researching the Oregon Trail.

And where they get their news:

* None.

* "Word of mouth."

* Facebook.

* X.

* Truth Social.

* Police scanner pages.

* National Public Radio.

* Wall Street Journal.

* New York Times.

* Podcasts.

* Tries to "actively" avoid news.

* Local Spokane television stations.

* The Spokesman-Review.

* The Inlander, Range Media.

* The Seattle Times.

* The Lewiston Tribune.

* Ben Shapiro.

* Far-right bloggers.

* SF Gate.

* MSNBC.

* CNN.

* YouTube.

* Media only related to the Bible or ministry.

* Whatever TV station is on at work.

* The BBC.

* Newsmax.

* Fox News.

And some political notes:

A few of the prospective jurors indicated they flat-out disagree with protesting in general.

"I'm not for protesting. Protesting is not the way to go. ... I obey the law and protesting is not one of them," one woman said. When attorneys asked her to elaborate what type of protesting she meant, she said, "There's a better way to protest than making a spectacle of yourself on the street."

She was promptly excused.

A man said he had a "firm" opinion on "public disruption." He was also excused.

Another man had a lengthy back -and -forth with the prosecution and defense attorneys about "research" he had done about the behavior of protesters, citing the right-wing blog "Decode the Left" that claims to research "Queer Marxism" as a "tool for political revolution." The blog, owned by right-wing writer Karlyn Borysenko, claims that being gay or transgender is not being queer, but is rather a "political ideology."

He said he has often listened to Borysenko's talks, like those about "queer ultraviolence," and believes he is well-versed on protester behavior.

"I would watch this trial differently than another jurors because they're not going to be able to recognize those things," he said. "Karlyn Borysenko was talking about the left being a distraction ... Using the term 'the left' is a distraction because they think the left believes in capitalism and they don't like that."

He was excused.

Things eventually turned the other way.

"It's tough to be an American these days," one man said. "ICE agents throwing people on the ground, people trying to exercise their First Amendment rights. ... This reminded me what I have seen across the country."

Forral's defense attorneys asked if he would be able to find someone guilty if it came to that.

"Well, what if the evidence is so disgusting that I can't?" he asked. U.S. District Judge Rebecca Pennell noted that not everybody is meant to be a juror in this case.

Then Deputy U.S. Attorney Lisa Cartier-Giroux asked, "Do you think ICE is despicable?"

He replied: "Mostly, yes."

He was excused.

Another juror said he was an immigrant himself and didn't think he could be fair. He was excused.

Pennell made clear during a break to the prosecutors and defense that she doesn't want to entertain any more back-and-forth with them and the jurors if it turns to politics.

"Do not bring in politics," she said. "Just accept a juror at their answer."

The three groups came up with a "safe" word to say when someone began rambling and they needed to cut them off. The word was used twice.

A few police notes:

Three people said they tend to believe law enforcement officers more than others, so it would affect their ability to equally weigh testimony. Should they hear something negative, it's likely they wouldn't be able to discredit their statements, the potential jurors said.

Three people said they would have a hard time trusting law enforcement. One woman said she works frequently with the immigrant community and has been told how they have been treated by federal agents. Another woman recalled how that when she was a child, her mother was dating a Black man. He was pulled over by police and interrogated about his nationality. Her relationship with police "hasn't been great since then," she said.

Jury selection will continue Tuesday.

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