LIVE UPDATES: Jury selection underway in Lori Vallow Daybell Arizona trial

Lori Vallow Daybell is on trial in Maricopa County, Arizona, on one charge of conspiracy to commit the murder of Brandon Boudreaux, her former nephew-in-law. Nate Eaton is live in the courtroom with updates. Please excuse any typos. Times listed below are in Mountain Standard Time, so they are an hour behind Idaho. (Arizona does not observe Daylight Saving Time.) The most recent updates are at the top.

2:36 p.m. Join me tonight at 8 p.m. MT for “Courtroom Insider” on the East Idaho News YouTube channel. We’ll break down everything that happened today.

2:34 p.m. Judge tells the parties to make sure technology is ready to go tomorrow. Nothing further from the state, Lori asks about the media zooming in on the computer screen from Friday. Beresky tells the media they can not zoom into anything on the table – notes, computers, etc. Nothing further.

2:32 p.m. Judge finishes reading instructions. He says there are some other issues he needs to take up outside their presence. Jurors are dismissed and will return by 10 a.m. tomorrow.

2:31 p.m. Judge explains that tomorrow, the prosecutor will give an opening statement. Lori will then give an opening statement or she may wait to give her statement after the prosector’s case in chief is done. An opening statement is not evidence. “The purpose of an opening statement is to help you prepare for anticipated evidence,” Beresky says.

2:29 p.m. Judge says we did have a delay from last Friday and jurors are not to speculate about why there was a delay. Tomorrow will go 10 a.m. – 4:30 p.m. Friday will go 9 a.m. – 4:30 p.m.

2:28 p.m. At the end of the case, the alternate jurors will be picked by lot. The trial is expected to last no later than June 23. If this case does beyond next week, there will be no trial the following week. Judge says hopefully the case won’t go past next week.

2:27 p.m. Judge tells jurors that media will cover the trial. Tells them to avoid news media coverage but if they encounter it, turn it off immediately. He tells jurors to ignore cameras in the courtroom. Jurors will not be shown during the trial.

2:27 p.m. Judge explains what the charge is – conspiracy to commit first-degree murder.

2:25 p.m. If jurors have questions for the witness, they need to let the judge know before the witness leaves the stand. They need to submit the question independently and not consult with other jurors.

2:24 p.m. Jurors are following along as they look down at their packet of instructions. Judge says if they have a hard time hearing or with certain evidence during the trial, raise their hand and let the judge know.

2:22 p.m. Judge says when jurors go home and are asked about the case, all they can say is they are on a jury and the length of the trial. They cannot discuss the evidence, parties, etc.

2:21 p.m. Jurors can not take notes with laptops, phones, electronic devices, etc. “It is your duty not to speak with or be addressed with any person on any subject connected to the trial. If someone should try to talk with you about the case, walk away.”

2:19 p.m. Judge tells jurors to always wear their juror badge around the courthouse. If they have questions or need additional information, submit their requests in writing to the judge and he will discuss with the attorneys.

2:17 p.m. Jurors will get notepads and pens. They are encouraged to take notes, but should not let them be a distraction. They should not be discussed with other jurors until deliberations. When the trial is over, the notes will be destroyed.

2:16 p.m. Police officer testimony should be considered on the same level as other witnesses. It should be be held higher than the testimony of others. Exclusionary rule is in effect for all witnesses. This means they have to remain outside the courtroom during the entire trial until they are called to testify. Brandon Boudreaux is excluded from the rule as he is the victim.

2:15 p.m. Judge says jurors can accept everything a witness says, part of it or none of it. It’s up to them.

2:14 p.m. If jury finds Lori is guilty beyond a reasonable doubt, they must find her guilty. If not, they must find her not guilty.

2:13 p.m. Beresky says the charge is not evidence that Lori has committed a crime. She is presumed, by law, that she is innocent. State must prove she is guilty beyond a reasonable doubt.

2:13 p.m. Judge explains what sidebars/conferences are. He says they will try to keep them to a minimum. “Please do not be concerned with what we are discussing at any bench conference that we have,” he says.

2:11 p.m. Judge says jurors should not speak with anyone about the case outside the courtroom. If anyone approaches them and tries to talk about it, judge needs to be informed. He explains what evidence is.

2:08 p.m. Defendant represents herself. Anything judge reads about attorneys or lawyers applies to Lori. The fact she represents herself shouldn’t be used for or against her.

2:07 p.m. Beresky begins reading instruction. They must not speculate or guess about any face. Race, color, religion, sexual orientation should not influence them. They must listen to the facts and let that lead to their decision.

2:06 p.m. Lori has pleaded not guilty to the charge. Judge’s assistant now hands out the packets of jury instruction. These instructions can be lengthy. Judge will read them to the jurors.

2:05 p.m. Clerk reads the charging document. Lori N. Daybell is charged with conspiracy to commit first-degree murder. “On or about Oct. 2, 2019, with the intent to promote or aid the commission…and agreed with Alex Cox that at least one of them or another would engage in conduct constituting the offense.”

2:04 p.m. Judge asks jurors to stand and raise their right hands. The clerk swears them in.

2:03 p.m. Judge dismisses all jurors in the back of the courtroom. The remaining 16 jurors will be given new numbers – #1-16.

1:59 p.m. By my count, there are 8 men and 8 women on this jury.

1:58 p.m. Judge will bring in the 16 jurors, they will be sworn in, they’ll be read the charge and he will explain preliminary instructions.

1:57 p.m. There were 18 jurors in the box. Judge says he wants to seat 12 jurors and four alternates. So the last two in the front row will not make it on the jury, Beresky says.

1:56 p.m. None of them raise their cards. Judge excuses all the jurors into the panel while he and the parties will work to finalize the jury.

1:52 p.m. Introductions have concluded. Judge asks Treena and Lori if they have any follow up. They do not. Judge says he is going to focus on the jury box. “The people over here have a high percentage of being on the jury.” He asks one final time if there is anything he thinks they need to know that would prevent them from being able to be fair and impartial.

1:51 p.m. Jurors continue introducing themselves. We have about five left.

1:44 p.m. Lori is taking notes as the different jurors introduce themselves. Treena Kay is also taking notes.

1:42 p.m. One woman served on a previous jury in an armed robbery case. The verdict was guilty.

1:41 p.m. There is also a variety of ages in this group – some seem to be right out of high school while another man says he has retired twice from different jobs. Others are raising kids, others have children who are grown and out of the house.

1:38 p.m. Variety of occupations among this pool: Banner Health employee, DoorDash, nonprofit, retired, etc.

1:36 p.m. Jurors go down the line and talk about their jobs, their spouse’s occupation and whether they’ve served on juries before. One lady says she served on the jury of a civil case in the past. She was the foreperson. Judge asks if she understands her opinion is the same of all other jurors. She does.

1:35 p.m. On the back of each juror form, there is a list of questions such as if the person is employed, where they work, if they are married and if they have served on a jury before. The first juror says she is unemployed but used to work at Dunkin Donuts. Judge says, “Ohhhh…” Everyone laughs.

1:34 p.m. Judge begins telling the jurors court may start at 9 or 9:15 a.m. on Friday. He asks if there would be a conflict for anyone. None of them raise their hand.

1:33 p.m. There are around 40-45 left in the pool. Judge wants to seat 12 jurors and six alternates this afternoon. Judge Beresky is on the bench.

1:31 p.m. The jury is walking in. The judge’s assistant asked everyone to rise for them. Everyone is standing in the courtroom, except Lori.

1:30 p.m. Lori just walked in and is sitting at the defense table. She’s drinking from a bottle of water and chatting with her advisory attorneys.

1:29 p.m. Brandon and Jenny Boudreaux just walked in with their victim advocate. Kay Woodcock is also in the courtroom.

1:26 p.m. Back in the courtroom. As I was walking through security, Lori’s paralegal was behind me carrying blouses, other outfits that are presumably for Lori. I should note that after this morning’s hearing, Lori walked out of the courtroom – she did not need to be wheeled out.

11:56 a.m. Judge asks Lori if she has anything else. We can’t hear what she is saying. Judge says court will resume at 1:30 p.m.

11:54 a.m. Judge says jury will be picked today and they will be given their instructions. Opening statements will be tomorrow at 10 a.m. and witnesses will then begin taking the stand.

11:52 a.m. When Lori does speak, she does not talk into the microphone and the judge has to ask her to repeat herself. Judge says a batch of jurors will be excused. We will now take a break so the defendant can “rest up.” We will resume at 1:30 p.m.

11:50 a.m. Several of the jurors who had conflicts are being excused. Treena agrees to dismissing a juror, Lori does not respond. Beresky says: “I’m going to observe the defendant, her mannerisms appear perfectly normal in front of the jury, but when the jury is not here, she can no longer speak.” Lori does not speak.

11:47 a.m. Jurors have left the room. He says one of the jurors did not show up today. He texted the court and said that with all the uncertainty, he felt he needed to get back to work. Judge is now reviewing jurors to dismiss.

11:45 a.m. Judge is pausing for a 5-minute break. One of the jurors needs to use the restroom.

11:44 a.m. The man says he wants to be honest and would have a little bit of a bias against “the system” because they were trying to get his friend “back in” when he was just trying to assimilate into society. Lori thanks him for his honesty.

11:42 a.m. Lori asks if there is anything she hasn’t asked that might affect their jury service. One guy raises his hand. “I’ve noticed you haven’t asked a question if anyone close has ever been convicted or served in a trial at all.” Guy says one of his close friends had to go through a parole hearing and he went to court with him.

11:41 a.m. Several jurors share how their mothers, siblings, spouses, children have served on juries in the past. Lori asks how the experience was for each of these potential jurors. None of the jurors say it will affect their ability to serve in this case.

11:37 a.m. Lori asks if anyone has a close family member who has ever served on a jury. A few raise their hands.

11:35 a.m. Lori rephrases the question, Treena objects. Judge clarifies and says jurors will be given instructions. He asks if they will be able to follow the instructions even if they think they know better. Juror says he can. Another woman raises her hand and says she served in the Iraq war and knows a lot about guns. Lori thanks her for her service. Another lady says she sells firearms at Bass Pro Shops. Lori asks if she goes to the shooting range. She says about once every six months. “Thank you, I appreciate that,” Lori says.

11:34 a.m. One juror says his father was a professional licensed gunsmith. “I very much learned quite a lot about firearms,” he says. Lori asks if he frequents the firing range. The man says yes. She asks if his knowledge of guns would be an asset to the jury or might distract him. Treena objects to the question. Judge asks Lori to rephrase the question.

11:32 a.m. Lori asks if any of the jurors own a gun. Fourteen raise their numbers. She asks if any of them have ever been to a shooting range. 31 jurors raise their numbers. She asks if any of them have extensive knowledge about gunys. A handful raise their numbers.

11:31 a.m. Other jurors had family court or other proceedings. None of them say it will keep them from being fair and impartial. Lori asks if there is anything that will keep jurors from being fair to her. None of them raise their numbers. She asks them, “Raise your hand if you think someone charged with a crime is automatically guilty no matter what – or has a percentage of guilt, no matter what?” None of them raise their numbers.

11:29 a.m. Another juror had a misdemeanor DUI over ten years ago. He says it would not affect his decision in this case. Lori follows up and asks what that experience was like. He says standard process, he did what he was told and got through it.

11:27 a.m. As she proceeds to ask more questions, Lori is speaking louder and not as feeble. One juror says he had a DUI and would try to be fair. Lori thanks him for him for his honesty.

11:26 a.m. Lori asks jurors to raise their hands if they have any other experience in the courtroom. One man raises his number and says he had a felony DUI 15 years ago. He has had his civil rights restored. Lori asks how that experience might affect him in this case. He says he was at fault and was given due process. He says nothing will affect his ability to be fair. Another juror was involved in a custody dispute about 20 years ago. She says that will not affect her ability to be fair.

11:25 a.m. Lori asks if any of the jurors can easily have their minds changed. Judge follows up and asks the pool if there are any of them who easily give up on their convictions. None of them raise their numbers.

11:24 a.m. Lori asks if anyone in the room has ever wanted to be on a jury – “like a bucket list thing.” None of them raise their arms. She asks, “The law says I am innocent until proven guilty. Is there anyone who disagrees or doesn’t understand that concept?” None of them raise their arms.

11:22 a.m. Treena Kay is done. Lori begins questioning. Beresky asks her to pull the microphone closer to her mouth. Lori begins by asking if any of them have ever seen her before. None of their raise their numbers. She asks jurors if anything is happening in their lives that might distract them from concentrating on their service. None of them raise their numbers.

11:21 a.m. Treena says testimony will go out of order and will not be chronological. Trials aren’t like how they are on TV, she says. None of the jurors have an issue with this. Treena has no further questions.

11:20 a.m. Treena says she brings up this next point because it’s become political. She says Brandon was driving a Tesla at the time of the crime. She asks if anyone has a problem with a Tesla or would associate it negatively in the trial. None of them raise their hands.

11:19 a.m. Treena says the Church of Jesus Christ of Latter-day Saints, LDS, Mormons will be discussed. She asks if there is anyone who has an issue with the church and would have a problem with it during the trial. None of them raise their numbers.

11:18 a.m. Treena says they will not be able to talk to their family and friends about this – they will only be able to tell them they are on a jury. She asks if any of them will not be able to follow those rules. None of them raise their numbers.

11:17 a.m. “You are going to be told the victim, Brandon Boudreaux, is not dead. That this conspiracy did not occur and he lived. Is there anyone here who says, ‘Well, he didn’t die. There couldn’t have been a conspiracy to not kill him?” Nobody raises their arms. Treena says there will be media coverage in this case and things may pop up on their phones. She says they can not watch or read any of that.

11:16 a.m. Treena explains jurors will be told about the crime of conspiracy to commit first-degree murder. “You’re going to hear that this defendant is not the shooter and that is not an element of this crime. Is there anyone who thinks if she didn’t pull the trigger, I don’t really care, that’s not conspiracy to commit first degree murder.” None of the jurors raise their hands.

11:14 a.m. Treena asks jurors if because Lori is representing herself, they will hold the state to a higher standard. None of them raise their numbers.

11:13 a.m. Judge tells Treena Kay she can do follow-up questioning from the counsel table. During the last trial, she approached a lectern. Treena remains seated. This seems to be an accomodation for Lori’s illness.

11:12 a.m. Judge says no research can be done online to research the trial. Beresky asks the jurors to look around and see if they recognize anyone else in the pool. Nobody raises their numbers. He asks them to raise their numbers if there is anything he needs to know about why they should not be on the jury. None of them raise their numbers.

11:11 a.m. One juror has an aunt and uncle who are lawyers at a financial firm. She says she can still be fair. Judge tells jurors if selected, they can not use the internet to gather information about this case – including independent experiments. They can only consider what is presented in the courtroom. They cannot talk to anyone about the case except that they are on a jury and the length of the trial. “If you violate these rules, I may have to declare a mistrial.” He asks jurors to raise their numbers if they can follow these orders. They all raise their numbers.

11:09 a.m. Another juror has a brother-in-law who is a retired cop in Chicago. He says he can still be fair. Judge asks jurors to raise their numbers if any of them have any training in the law. One juror raises her hand and says she’s an intern at a law firm.

11:07 a.m. Another juror says his daughter retired a year ago as a homicide officer. Man says they don’t talk about cases and it would not affect his ability to be fair. Another lady raises her number and says her husband is in the police academy. She says it would not affect her ability to be fair. Another lady has a boyfriend who is a cop. Another lady’s husband is a detention officer for the sheriff’s office. She says she can still be fair.

11:06 a.m. Judge asks anyone if they are a law enforcement officers, are married to one or have a close family member who is. One guy raises his hand and says his uncle is a sheriff in another county. They are close. Judge asks if that relationship would affect his ability to be fair. He says no.

11:05 a.m. Judge asks if anyone would believe or not believe a police officer more or less because of their position. None of the potential jurors raise their numbers.

11:03 a.m. Judge tells jurors they will be asked to evaluate the credibility of witnesses. He says law enforcement testimony is not better or greater than other testimony simply because they are a police officer. They are to consider that testimony the same as everyone else’s testimony. He asks if anyone disagrees with this. None of them raise their numbers.

11:02 a.m. Judge says defendant is presumed innocent until proven guilty. As of now, she is innocent. He asks if everyone understands and asks if anyone disagrees with this. None of them raise their numbers.

11 a.m. Judge explains defendant is not required to produce any evidence. He says state must prove case beyond a reasonable doubt.

10:59 a.m. Judge asks if serving on the jury would create financial hardship. One juror raises their number. She is a 1099 employee and likely won’t have the proper paperwork to get reimbursed. She is a single mom and a nanny. She’s paid cash and gets a 1099 at end of the year.

10:58 a.m. One juror wants to go look at apartments this Friday. He has an appointment set up on Saturday because he will likely be moving. Judge asks what time his appointment is. It’s Saturday at 12:30.

10:56 a.m. One juror raises her number. She is leaving for a wedding in France on June 24. Another lady is unemployed and is picking up jobs, but she would have to decline other jobs if she stays. Another juror has a doctor appointment on Friday that was set three months ago. If he missed it, he would have to wait three more months.

10:55 a.m. Sidebar is over. He says the potential schedule is today, tomorrow, Friday and then all next week. There is a chance trial could finish next week but if not, Monday and Tuesday, June 23 and 24. He asks the jurors if any of them have conflicts with this schedule.

10:51 a.m. Judge asks for a sidebar to clarify the trial schedule.

10:50 a.m. Judge explains there is supplemental juror compensation if jurors have financial concerns about serving. Beresky says jurors get $40 a day if they are picked. They are also reimbursed for mileage.

10:49 a.m. Judge asks jurors if any of them have looked up anything about the case. None of them raise their numbers.

10:48 a.m. Video from today is now streaming here.

10:47 a.m. Judge tells jurors that defendant is representing herself with advisory counsel. He says that is her right. He asks jurors if the fact she has chosen to represent herself will affect jurors ability to be fair. Nobody raises their numbers. Judge asks Lori if she wants to introduce herself. “My name is Lori Daybell. I have two advisory counsel.” She speaks very softly. She says the names of her advisory attorneys, paralegal and her private investigator.

10:46 a.m. Treena introduces herself and Ryan Pillar, the case agent with Gilbert Police who is sitting next to her. She also has a paralegal with her. Judge asks potential jurors if they know any of these people. None of them raise their numbers.

10:44 a.m. Judge introduces himself and his assistants. He tells them he would be happy to assist if they need anything. Judge introduces his clerk and the court reporter. The reporter takes down everything that is said. He asks jurors to raise their numbers if they think they know him or any member of his staff. Nobody raises their numbers.

10:43 a.m. Judge tells jurors to use Yes or No – don’t nod heads or say, “Uh-huh, nu-uh.” Tells them to speak up and lets them know a microphone will be passed around.

10:42 a.m. Judge tells jurors not to withhold information in order to make it on the jury. “Just be honest and candid with your answers. Do not be concerned with what you think the lawyers or parties or I will think of you.”

10:40 a.m. Judge enters. “Here we are again for the third time. Thank you for your patience.” He explains the case and says jury selection process will continue. He will ask questions, then the prosecutor and the defense.

10:37 a.m. Jurors are being walked in. Everyone rises for them, except Lori. She remains seated.

10:33 a.m. Lori is going through her papers as her paralegal and other attorney, Pamela Hicks, are chatting off to the side.

10:32 a.m. Abernethy and Lori are talking at the defense table. She is raising her voice – unclear what she’s saying. It sounds like she is crying/sobbing.

10:30 a.m. Judge just came back out and there was some sort of discussion between him and Lori’s team. The word “ibuprofen” was heard. Abernethy said the court can’t force her to take medication, Beresky responded, “I’m offering it.” There was more discussion back and forth before Beresky walked out.

10:25 a.m. We are waiting on six jurors to show up. Judge says we will be in recess until they arrive. Everyone stands, except Lori.

10:24 a.m. Sidebar is over. Beresky says court will proceed with jury selection today. “Depending on how things go, I don’t know if I will make the parties do opening statements or not. That remains to be seen. The court has not been provided any medical explanation as to why court cannot proceed today. Although the defendant said she had a headache and was not able to proceed, she seemed to be of sound mind and able to proceed.”

10:21 a.m. Lori is sitting in a regular chair in street clothes. I don’t see a wheelchair in the courtroom.

10:19 a.m. The judge, Lori, Treena Kay, the court reporter and one of Lori’s advisory attorneys wear headsets to communicate during sidebars. Normally the parties would huddle in the courtroom or go into chambers, but because Lori is the defendant and is representing herself, that is not the case here.

10:18 a.m. A medical professional at the sheriff’s office evaluated Lori either yesterday or Monday afternoon and determined she was well enough to appear in court. Lori says she is not. She continued to speak with Beresky during this sidebar.

10:17 a.m. Lori asks the judge if he can seal the response from the MCSO. He asks Lori if she has information as for why she is not medically to proceed. “Right now the only information I have is you were assessed and MCSO sees no clinical reason why court should not proceed.” Lori wants to discuss on sidebar. Headphones go on and white noise is played in the courtroom.

10:16 a.m. Joseph Hill from the Maricopa County Sheriff’s Office is here. Beresky says he ordered MCSO to perform a health evaluation on Lori. She was treated for one condition. The MCSO did not find any medical condition for Lori to miss court. Hill says they have additional information if needed “but it’s not much.”

10:15 a.m. Brandon Boudreaux is here with his wife. Kay Woodcock is also here.

10:13 a.m. The public and media are sitting on one side of the courtroom. The other side is empty. Judge Beresky just walked in and is on the bench.

10:11 a.m. We are in the courtroom. Lori is at the defense table with her paralegal and attorney. Treena Kay is at the prosecutor’s table.

10:07 a.m. We will have video of the hearing here:

9:54 a.m. Waiting outside the courtroom. Robert Abernethy, one of Lori Vallow Daybell’s advisory attorneys, just walked into the defense room. Proceedings are scheduled to begin at 10 a.m. Arizona time.