In re Schramm, 06-X-50410.
| Decision Date | 04 May 2006 |
| Docket Number | No. 06-X-50410.,06-X-50410. |
| Citation | 432 F.Supp.2d 711 |
| Parties | In the Matter of William Lee SCHRAMM. |
| Court | U.S. District Court — Eastern District of Michigan |
This matter is presently before the court on the court's review of a February 14, 2006, bench ruling concerning William Lee Schramm, who at that time was a sitting grand juror. For the reasons stated at the hearing in open court on the record, which are reiterated below, the court ordered that Mr. Schramm would no longer serve as a grand juror, but that on the days when the grand jury was in session he would sit in the main hallway of the courthouse.
The facts of this case are a matter of record. On January 4, 2006, the court summoned a number of citizens, selected at random from this district's qualified jury wheel, for purposes of selecting a 23-person grand jury and 13 alternates. After explaining the purpose of the grand jury and the time commitment involved in serving, the court administered an oath requiring the prospective jurors to "truthfully answer the questions put to you touching upon your qualifications to sit as a grand juror." All of the prospective jurors, including Mr. Schramm, took the oath.
Mr. Schramm was among the first 23 called. During the voir dire process, the court asked all of the prospective jurors various questions, including whether they had any philosophical or religious beliefs that would be incompatible with jury service; whether they had any medical problems that would interfere with jury service; whether they objected in principle to certain law enforcement techniques such as court-authorized electronic surveillance; and whether they had any personal feelings against the government prosecuting offenses such as drug trafficking, firearms violations, or tax cases. In addition, the court asked the prospective jurors whether there was None of the prospective jurors, including Mr. Schramm, responded to any of these questions.
The court then held a sidebar conference with the jury clerk and the Assistant United States Attorney to determine which of the prospective jurors should be excused, primarily for medical or financial hardship, based on answers given during the voir dire or in letters submitted with the jury summonses. The court excused a number of prospective jurors for various reasons. However, the court had no occasion to consider excusing Mr. Schramm because he said nothing during voir dire to suggest the existence of any type of hardship or bias, nor had he submitted a request with the jury clerk seeking to be excused or deferred.1 Mr. Schramm therefore remained within the first 23 seats and became a sitting member of the grand jury upon administration of the following oath:
You, as members of this grand jury inquest, do solemnly swear to diligently inquire, and true presentment make, of all such matters and things as shall be given to you in charge, or otherwise come to your knowledge, touching the present service. The counsel of the United States, your fellow jurors and your own, you shall keep secret, unless called upon in a court of justice to make disclosure. You shall present no person through malice, hatred or ill will, nor shall you leave any person unpresented through fear, favor or affection, or for any reward or hope thereof, but, in all your presentments you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God.
Mr. Schramm, along with the other grand jurors, stood, raised his right hand and swore the oath. The court then gave the grand jury extensive, additional instructions regarding their responsibilities, the important role of the grand jury within the criminal justice system, and the duty of each grand juror not to participate in any investigation if he "is biased for any reason." Once again, Mr. Schramm raised no objection to serving.
Mr. Schramm listened to testimony as a sitting grand juror for three days. He then wrote a letter to the court requesting to be excused. Mr. Schramm indicated, among other things, that he should not be required to serve because "I do not respect law enforcement agents to [sic] much"; "I don't really respect the way trials are conducted"; "I honestly didn't care one bit what was taking place in the [grand jury] room"; "I just don't care enough about other people"; "I am somewhat biased toward minority groups"; "I am self employed and will have to most likely file bankruptcy if I have to do this for 6 months"; and "I know you have to put the fairest people in that room, and I am not one of them." Mr. Schramm also stated:
The court was concerned about Mr. Schramm's letter because he was sworn to reveal these sentiments during the voir dire process and/or in response to questions on the juror qualification questionnaire. Further, the court's jury clerk personally advises all prospective jurors, before they are brought to the courtroom, to inform the court of any possible vacations, health problems, or other issues which may interfere with jury service. Mr. Schramm said nothing to the jury clerk, wrote nothing on his juror qualification questionnaire (which he signed under penalty of perjury), and said nothing during voir dire (after he swore to answer all questions truthfully) that would indicate the existence of any such problem. The statements in Mr. Schramm's letter were directly contrary to his silence during voir dire, when the court—after administering an oath requiring truthful answers—inquired specifically about bias or prejudice or anything else that might interfere with jury service.
In response to this letter, the court directed Mr. Schramm to appear in the courtroom, which was public and open, on February 14, 2006. Mr. Schramm appeared and the matter was called in open court with a public record being made by an official court reporter and members of the public present. The court asked Mr. Schramm if he recalled during the voir dire "me asking almost every question that you articulated in this letter you sent to me." Mr. Schramm denied recalling that the court had made any such inquiry. The court concluded that Mr. Schramm was being untruthful and excused him from grand jury service. However, the court also directed Mr. Schramm to report to the courthouse every day that the grand jury reported, but that he would no longer be a member of the grand jury.
Mr. Schramm then indicated, for the first time, that he was "having a lot of anxiety over this and having to take medications that are addictive," that "[e]very day that I miss work sets me back about three weeks," and "I got an ulcer developed." The court requested medical documentation, and Mr. Schramm indicated he would "get it today" and submit it to the jury clerk.
Mr. Schramm submitted just one piece of medical documentation, namely, a February 15, 2006, letter from a medical doctor associated with Digestive Disease Consultants, P.C., who indicated that he had "chronic acid reflux, which is not responding to medical therapy." The doctor also indicated that Mr. Schramm would need "further medical investigation of his symptoms and this will require several days of testing." The doctor's note did not suggest that Mr. Schramm should be excused from jury duty. Mr. Schramm submitted nothing to support his claimed problem regarding anxiety, his claimed need to take addictive anti-anxiety medication, or his claimed problem with an ulcer.
The court heard nothing further from Mr. Schramm until March 22, 2006, when he submitted a note to the court requesting permission to visit his grandfather in Florida. The court granted the request— in fact, the court allowed Mr. Schramm to go for a longer period than requested.
As every chief judge of this court has indicated in his/her charge to grand juries,
The framers of our Constitution deemed the grand jury so important for the administration of justice that they included it in the Bill of Rights. The Fifth Amendment to the United States Constitution provides, in part, that no person shall be held to answer for a capital or otherwise infamous crime without action by a grand jury.
... As members of the grand jury, you, in a very real sense, stand between the government and the accused.
...
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United States v. Mustafa Abdul-Qadir Al-Din Walee Abdulazeem Al-Din Charles Kunta Lewis (In re Freed)
...aware of any precedent for this kind of juror behavior. The Court's research has uncovered only one parallel case, In re Schramm, 432 F.Supp.2d 711 (E.D.Mich.2006). In that case, William Schramm was summoned as part of a grand jury venire. The court explained to Schramm the purpose of the g......
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In re Rennaker, CASE NO. 1:17-MC-55
...the time she was obligated to serve on the Grand Jury, either on community service, or in custody, as she chose. Cf. In re Schramm, 432 F. Supp. 2d 711 (E.D. Mich. 2006). Thus for every five hours of service Ms. Rennaker failed to complete by July 31, 2018, she would be required to serve on......