Jury selection day 2: Jury selection continues in Lori Vallow Daybell murder trial - East Idaho News
JURY SELECTION DAY 2

Jury selection day 2: Jury selection continues in Lori Vallow Daybell murder trial

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Lori Vallow Daybell | Pool sketch artist

LIVE UPDATES FROM THE LORI VALLOW DAYBELL TRIAL

5:30 p.m. Final potential juror makes it through. We now have 30 people in the jury pool. That’s it for updates from the Ada County Courthouse. Will be live tonight at 7:30 p.m. on my Facebook page and our EastIdahoNews.com YouTube page.

5:28 p.m. As court begins to wrap up for the day, there are 14 people still watching from the overflow room. The majority are reporters.

5:22 p.m. We now have 29 in the pool. One final potential juror will be questioned right now before court is dismissed for the day.

5:19 p.m. We have 28 potential jurors who have been questioned and are ready to advance. There are two more being examined today so if they pass, we will end the day with 30 in the pool. It’s very possible we could get to 42 tomorrow.

5:02 p.m. The audiologist I mentioned earlier has been dismissed as she mentioned she knew specific details about the case.

4:52 p.m. As different jurors are brought into the courtroom individually, Lori chats with Archibald. She appears to be taking notes and seems intently focused.

4:28 p.m. A new sketch image just in of Lori Vallow Daybell:

04 04 2023 03 JurySelection copy 1

4:24 p.m. Smith questioning a potential juror who has a minor in religious studies. She says there may be witnesses in this case who have “interesting” religious beliefs and she asks if he would be able to set aside those beliefs to be a fair juror. He responds that it would not be an issue.

4:15 p.m. Prosecution and defense will now give instruction and question this group of six potential jurors. It’s the same presentation and questions we heard yesterday and earlier today.

4:05 p.m. Boyce to take under advisement rather the audiologist should be released for hardship but for now, she remains in the group.

4 p.m. A pediatric audiologist is part of this group and says she would need to reschedule all of her patients if she was picked for the jury – creating a big backlog.

3:56 p.m. We are back with the final group of potential jurors for today. There were 15 but we are down to six after quick eliminations due to how they answered the questionnaire.

3:08 p.m. Three jurors from this group have advanced. We now have 25 potential jurors. Again – we need 42 for striking to start and whittle the number down to 18 (12 jurors and six potentials).

3:04 p.m. Smith now questions different potential juror and asks what news is on his phone. He responds, “I don’t have news on my phone. I have nerd stuff.” That prompts a laugh and he explains he has anime on his phone – not news.

2:54 p.m. A new potential juror says she recalls seeing video of Lori and her daughter after Charles was killed. Judge dismisses the juror.

2:48 p.m. New potential juror being questioned about what she knows about the case. She remembers learning the children were found “in a yard or something.” Smith asks where the woman gets her news – local outlets, national, etc.

2:41 p.m. Archibald challenges juror for implied bias. State opposes the challenge and says there is zero evidence of implied bias. Boyce agrees with state and challenge is overruled.

2:38 p.m. Archibald asks the juror, who is a probation officer, what he remembers about the news when Lori was in Hawaii. He says doesn’t recall how he heard about it. Archibald asking the man where he gets his news. He responds that he has Google news on his phone and he does not read the comments on local news stories.

2:37 p.m. Man who was vacationing in Hawaii during the time JJ and Tylee went missing says he heard about the case three years ago when he was in the same area of Kauai. He has not followed the story and says he doesn’t know much more.

2:27 p.m. Archibald now questioning potential jurors. When the jury is picked and finalized, it appears members will be transported to the courthouse in two vans “to protect the integrity of the jurors involved as well as reducing vehicle miles traveled.” This is according to an agenda item from the Ada County Highway District. The issue will be discussed and voted on during a meeting tomorrow. Screenshot from agenda:

ada county vans

2:24 p.m. One of the potential jurors has a roommate who is a producer at KTVB, a Boise TV station. Smith is questioning if the producer has ever covered this story. The man says he does not know.

2:16 p.m. New sketch showing Madison County Prosecuting Attorney Rob Wood:

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2:12 p.m. Rachel Smith now questioning group of potential jurors.

2:10 p.m. Wood: “There will be some evidence in this case that the average person will find hard to look at. I use the term ’emotionally charged.'”

2:08 p.m. Wood asks potential jurors if they believe 100% of everything they read on the internet. None of them do. He asks them to take everything they have heard or read about this case, put it aside, and only base their decision on information provided to them during the trial.

2:04 p.m. Rob Wood now stressing the importance of “brutal honesty” to potential jurors and asking them to brutally honest with them during jury selection.

1:56 p.m. Potential juror raises his hand and says he’s learned more about the case from his wife since he completed the questionnaire. Boyce asked the man if he spoke about the case with his wife. He responded, “I didn’t talk about it with her. She talked about it with me.” People in the courtroom laugh at his answer and both defense and prosecution agree the man should be dismissed. Boyce excuses him.

1:47 p.m. Boyce reading the remaining potential jurors the charges Lori Daybell faces and giving instructions.

1:41 p.m. Based on their questionaries, Boyce is listing hardship or bias challenges raised by the defense or prosecutors for many of the potential jurors in this group. Boyce thanks them for their service and dismisses them to leave.

1:36 p.m. We are back from lunch and a new group of 15 potential jurors has been brought into the courtroom.

12:36 p.m. Court now in recess. Will update when proceedings resume.

12:32 p.m. With five potential jurors from this group standing, we now have 22 in the pool. Court needs 42 to begin striking jurors to get the number down to 18.

12:30 p.m. Boyce calls in five remaining jurors from the group. Attorneys stand to stretch their legs. Lori laughing, chatting with her attorneys during short break.

12:26 p.m. Archibald questioning potential juror about news footage she saw of Lori Daybell in Hawaii. “Was that the reporter shouting ‘Where are your children?’ as she was walking in Hawaii?” Juror does not recall. In case you missed that reporter or that report, you can watch it here:

12:25 p.m. Potential juror being questioned about her news consumption. She says she’s not a new junkie and saw snippets about the case but not much more.

12:20 p.m. New potential juror called in and says she saw numerous news reports about missing kids, “footage of Mrs. Daybell in Hawaii and I remember hearing eventually a few months later that the children were found. That’s all I really know.” Juror says she did not watch any documentaries or in-depth news programs about the case.

12:15 p.m. Potential juror explains she works overnights from 11 p.m. – 7 a.m. Blake asks if she concerned about serving on a jury during the day and work at night. Woman responds she “basically gets paid to sleep” as she cares for people with disabilities who are sleeping. Archibald now questioning her about the media sources from where she learned about the case. Woman doesn’t recall but says she is confident she can be fair.

11:52 a.m. Individual questioning of jurors continues regarding their media exposure to the case.

11:42 a.m. We have the first sketch from today’s hearing:

04 04 2023 01 JurySelection copy

11:37 a.m. Archibald asks potential juror, who says she has friends who love true crime, if her friends know she is on the jury for this case. She says no. They know she is on jury duty but not for this case. Archibald asks if she found Daybell not guilty would her friends have a problem with it. She says no. Potential juror remains in the pool and is not dismissed.

11:35 a.m. Potential juror says she’s not really a “true crime fan. I try to avoid that but here we are.”

11:30 a.m. Next juror brought in for individual voir dire. Boyce asking potential juror if they have watched any programs about the case. She responds she has not but has seen headlines “that a couple people have been charged but I didn’t really pay attention to what.” She says one of her friends was born in Hawaii and told her about the case but not specifics.

11:25 a.m. 11:23 a.m. Potential juror being asked by Archibald about where she saw the coverage. She says it was online but doesn’t recall the source. She says she doesn’t watch TV and Archibald trying to determine the media source.

11:18 a.m. Recess is over and individual voir dire, or examining, will now begin. Boyce asking jurors, one at a time, about their media exposure to the case. First juror says she saw media coverage when the bodies of JJ and Tylee were found but she has not watched Dateline, 20/20 Netflix or other coverage.

11 a.m. Judge now calls for a recess before going into individual voir dire. This portion of the hearing will not be live-streamed so will pick up the updates when it resumes.

10:57 a.m. Archibald making sure potential jurors understand he doesn’t have to prove anything – it’s up to the state to prove everything. He asks if they will hold it against him if Daybell does not testify. Jurors say they will not.

10:55 a.m. Woman asks if she is picked for the jury, would she have to stay off computers because she works on a computer and that would be impossible for her. Boyce responds that the instruction is to avoid any information about this case – not necessarily computers. Archibald says, “Are you able to access your computer without seeing headlines of the day?” She says she can.

10:51 a.m. Archibald questioning a juror who says he works online and with people in different time zones. The man is concerned if he was sequestered, it would affect his balance with work and jury duty. Archibald asks to have the juror dismissed due to hardship, the prosecution objects to having him excused. Boyce overrules Archibald and the man will remain.

10:48 a.m. Smith concludes questioning. Jim Archibald now questioning on behalf of defense.

10:46 a.m. Smith continues questioning potential jurors about whether would have an issue convicting someone of murder if they don’t know exactly how they died.

10:38 a.m. One of the potential jurors is an author. Smith asks if the woman is familar with any of Chad Daybell’s books. Juror responds she is not. Smith asking if the juror would have a tendency to identify or feel sympathetic with Chad because she’s an author. Woman says she would not.

10:21 a.m. John Prior, Chad’s attorney, entered the observation room around 20 minutes ago. He is sitting on the front row by himself. He attended most of the jury selection yesterday as well.

10:17 a.m. Blake finishes her questioning and prosecutor Rachel Smith begins asking questions. She stresses that jurors need to strictly follow instructions given by the court – not on what they have heard on TV or outside of the courtroom.

10:12 a.m. Blake thanks the man for being “brutally honest” and asks the judge to strike the juror for cause. Defense agrees and Boyce grants the dismissal.

10:09 a.m. Blake says this is a case dealing with the murder of two children and the murder of a mother of five. She asks if potential jurors have a problem with the charges and if any of them will have a concern looking at autopsy photos. One man responds that he does – he witnessed a graphic car accident as a child and it affects his ability to have proper judgment. He says he could set aside his personal opinions but the images would affect his emotions.

10:07 a.m. Blake: “We need to know the jurors can follow the instructions given by the judge. The judge may give instructions that you don’t agree with or you think the law should say otherwise. But can you all commit to following the instructions given by the judge.” All jurors say yes.

10:05 a.m. Fremont County Prosecuting Attorney Lindsey Blake now questioning the group of potential jurors. She asks if they are comfortable with being “brutally honest” with them. All jurors say yes.

9:54 a.m. Judge now asking questions to potential jurors about whether they are related to Daybell or any of the attorneys. He asks if any are involved in civil litigation against Daybell – all jurors say no.

9:51 a.m. Two more potential jurors dismissed due to financial hardship and childcare issues. We are down to 9 remaining potential jurors in this group.

9:47 a.m. Idaho law prohibits employers from penalizing employees for serving jury duty but companies do not have to pay you for jury service. Many employees take accured paid leave when they serve on a jury. More on the law can be found here. The State of Idaho pays jurors $10.00 per full day of jury served, or $5.00 for each half day or portions of a day served. More here.

9:44 a.m. Another man says he started a new job on Friday and will not get paid anything from his employer if he serves on the jury because his benefits don’t kick in for 30 days. Prosecutors and defense don’t object to dismissing juror. Judge allows him to leave.

9:42 a.m. Another man says he will not get paid from his employer if he is picked for the jury and it will create a financial hardship. Prosecution and defense so not object to having him excused. Judge dismisses him. We are down to 12 potential jurors in this group.

9:38 a.m. Another juror says he is the primary provider of a special needs child. She attends school during the day but the father says if the jury becomes sequestered, it would create problems for his daughter. Prosecution and defense does not object to dismissing the juror for hardship. Boyce allows him to be excused.

9:34 a.m. Boyce asks the potential jurors if serving on a jury would create financial, personal or other hardship. A few raise their hands. One says she is self-employed and would not be able to financially provide for her family. Prosecution and defense does not object to having the potential juror excused. Boyce allows juror to be dismissed.

9:25 a.m. Potential jurors being placed under oath to tell the truth. A large pool of jury summons went out to Ada County residents last month. The court has not said how many people received a summons for this case, but those who did completed a questionnaire and dropped them off last week. Prosecutors and defense attorneys will now ask follow-up questions based on the questionnaires.

9:20 a.m. Today will be very similar to yesterday. Judge Boyce is welcoming this group of 15 potential jurors and having them sit in the jury box based on a seating chart. No absences reported this morning.

9:15 a.m. The video feed has resumed with three separate camera images being displayed on a screen. They are wide shots so it’s hard to see what anyone is wearing or their facial expressions but Lori is engaged in a conversation with her attorney Jim Archibald, who is nodding his head.

9:12 a.m. Jurors are being brought into the courtroom. The video feed in the overflow room suddenly turned off. We can hear audio but there are no images.

9 a.m. There are around 30 people in the overflow room in Ada County this morning. I would guess around half are media. No family members of Lori, Chad, Tammy, JJ or Tylee are here today. We are waiting for the video feed from the courtroom to begin.

8:55 a.m. Back inside the overflow room at the Ada County Courthouse for day two of jury selection. We need a pool of 42 potential jurors and so far the court has 17. Once 42 are selected, defense attorneys and prosecutors will begin striking members until we get to 18 – 12 jurors and six alternates. I’ll be posting live updates all day on this page.

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