The questionnaire was issued in the case of USA v. Peter, where the defendant faces federal charges of distribution of fentanyl resulting in death. The document emphasizes to potential jurors that "an indictment is simply a charge and that it is not in any sense evidence of the allegations it contains," while reminding them that the defendant "is presumed innocent unless and until the government proves he is guilty beyond a reasonable doubt."
The three-page questionnaire focuses heavily on prospective jurors' relationships with controlled substances and drug addiction. Key questions ask whether jurors or their family members have "ever struggled with drug or substance abuse addiction" and whether such addiction "led to physical harm or death." The form also probes whether jurors have "opinions about the drug fentanyl or any other controlled substances that would impact your ability to be neutral in this case."
Judge Burgess's questionnaire warns potential jurors against conducting any outside research, stating they must "not do any research, such as consulting dictionaries, searching the Internet or using other reference materials" and "not make any investigation or in any other way try to learn about the case on your own." The court emphasized that if jurors "happen to read or hear anything touching on this case in the media," they should "turn away and report it to me as soon as possible."
The case is scheduled for trial beginning June 2, 2026, with an estimated duration of 5-7 business days. Prospective jurors must return their completed questionnaires by May 15, 2026, via email or by May 13, 2026, if submitted by mail. The court indicated it will use only juror numbers rather than names throughout the selection process and trial.
The questionnaire also asks whether jurors belong to "any group that advocates for or against drug law reform, including for greater criminalization or decriminalization of illegal drugs." This line of inquiry reflects the court's effort to identify potential bias in a case involving both drug distribution charges and a fatal outcome.
The document notes that responses "will not be public during the pendency of the trial, and will be reviewed only by the lawyers and the Court." Judge Burgess indicated that if jurors wish to respond to sensitive questions privately, they should inform the court during jury selection rather than answering in open court.
Fentanyl distribution resulting in death cases have become increasingly common in federal courts as prosecutors seek enhanced penalties for dealers whose drugs cause fatal overdoses. The charges can carry significantly longer sentences than standard drug distribution offenses, making jury selection particularly crucial in such cases.