Trial delayed as Lori Vallow Daybell shows up in wheelchair, says she’s too sick to pick jury

PHOENIX — Jury selection in Lori Vallow Daybell’s conspiracy to commit murder trial was put on hold Monday after she showed up in a wheelchair and said she was too sick to remain in court.

A jury was supposed to be picked Friday, but after nearly 60 potential jurors showed up at the courthouse, Daybell said she was unwell. Superior Court Judge Justin Beresky encouraged her to quarantine and seek medical treatment at the Maricopa County Jail over the weekend.

LIVE UPDATES | Lori Vallow Daybell’s trial delayed as she shows up in wheelchair, says she is sick

The same group of potential jurors arrived at the downtown Phoenix courthouse again on Monday morning but waited outside the courtroom while Beresky spoke with Daybell and Maricopa County Deputy Prosecuting Attorney Treena Kay.

“I am sick, your honor. I’ve been sick all weekend. I let my team know yesterday I was sick,” Daybell told Beresky.

The judge asked if she put in orders to get treatment at the jail. She said she had, but nobody responded to her request and she has not been tested for any diseases.

“Sometimes we’re in positions where we have to proceed when we feel under the weather,” Beresky told Daybell.

“It’s not just under the weather. I feel very ill,” Daybell responded. “I have a terrible headache, I have nausea, I have chills, I have a fever, probably, (and) I haven’t been able to keep very much down besides broth and oranges.”

Daybell is representing herself as her own attorney and is charged with one count of conspiracy to commit the murder of Brandon Boudreaux, her former nephew-in-law. She has two advisory attorneys and a paralegal assisting with her defense. Beresky asked if she would allow them to complete jury selection on her behalf.

After being wheeled out of the courtroom in a wheelchair to consult privately with her attorneys, Daybell returned and said she wanted to conduct her own jury selection.

“I do have a right to represent myself. I’m sorry that I’m sick. I did not plan on getting sick. I did not try to get sick,” she said. “I’m incapable of going forward and doing a good job representing myself.”

Kay expressed concerns with trial scheduling as some of the witnesses are flying in from Idaho and other states to testify. The trial was expected to conclude by the end of next week, but Kay suggested they extend the schedule out until June 25.

Beresky made it clear that no matter when the trial is held, he will be the judge. Daybell filed a motion last month to have him removed from the case, but it was denied by Judge Jennifer Green.

“I’m your trial judge. My instructions are to complete your second trial. Even if for some reason your sickness worsens and we aren’t able to complete this trial…or it’s delayed into June or July or August, I’d still be your trial judge,” he told Daybell.

Beresky suggested he begin questioning the jurors Monday as a group or at least explain why there is another delay. He asked Daybell to move from her wheelchair to a regular chair, but she insisted she could not.

“I am just not capable of even sitting here. I need to be laying down and I need to be getting better so I can go forward and actually represent myself,” she said.

Beresky decided to cancel proceedings on Tuesday so Daybell can recover, but jurors will report Wednesday morning at 10 a.m. Daybell pushed back on the idea.

“I don’t know about even rescheduling this for Wednesday. It puts a lot of pressure on me to be better,” she said. “I don’t like to disappoint people or put people out of their way…That’s not going to help me get any better any time soon.”

She asked Beresky if he’s going to “drag me in here like you did today” should she still be ill later this week.

“Yes. The answer is yes. I probably will order that you be here on Wednesday because I need to confirm how you’re feeling,” he responded. “Because you represent yourself, no one else can waive your own appearance.”

“You’re welcome to come over to the jail and come to my cell and see how I’m doing in there,” Daybell replied.

“I’ll take a pass on that,” the judge said.

Daybell was then wheeled out of the courtroom, with her head leaning against her right hand, as her advisory attorneys, along with the Kay’s team, left. The jurors were brought in and Beresky apologized for the delay.

“I’m embarrassed to tell you because I’ve never had this come up in my entire career,” he said. “Something else has come up and we’re unable to proceed with jury selection as planned. I hate to ask you guys to do this and I apologize.”

Beresky told the group that if they are picked to serve on the jury, he will try and make up the inconvenience by buying them donuts.

“That’ll work!” one of the potential jurors said as the group was dismissed.

Watch video of the hearing in the video player above.