LIVE UPDATES: Day 1 of jury selection in Lori Daybell Arizona Boudreaux 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.

4:02 p.m. We will be back in session tomorrow at 10 a.m. for walk-in jurors. Join me tonight for “Courtroom Insider” at 8 p.m. MT on the East Idaho News YouTube channel.

4 p.m. Judge just questioned whether we need four alternate jurors because it’s a shorter trial. Treena Kay says she wants to have the four given they lost two jurors in the first two days during the last trial.

3:59 p.m. Lori asks what the state tends to bring in from Idaho so she can not be accused of trying to “open the door” when it comes to questioning witnesses. Judge says he will tell the witnesses to stick to the facts of this case and the state agrees. Beresky says if there are questions during particular witnesses, they can take a break. Lori says she has nothing further.

3:58 p.m. Lori: “You appointed them and assigned them to me.” Judge says he did, as a way to help her. Lori asks if sidebars can be held at the bench. Judge says it depends on the issue. Lori, “Ok.” She says she has one more issue.

3:57 p.m. Lori says she needs another headset for his advisory counsel. Only five can be in the courtroom and Lori’s advisory counsel doesn’t have one. “You said you were going to check into it. Did you?” Judge says there can only be five and if she needs a break, she can take a break to chat with her legal team. “Are you forcing me to choose between the people who are helping me?” Judge responds, “Sure. Technically I don’t even have to do that. You are your own attorney. You are expected to proceed as your own attorney.”

3:56 p.m. Lori says she does not want an aggravating phase. “How are you entitled to that and I’m not entitled to a probable cause hearing?” Judge says if she doesn’t want to attend, she doesn’t have to attend. “What else?” the judge asks.

3:54 p.m. Beresky asks if Lori has any other issues. Lori responds, “Yes, but I would like to finish this first. Are you denying my motion to have a hearing on this?” Judge says he is denying her motion to have a probable cause hearing because she is not entitled to one. “13.5 says you are entitled to a probable cause hearing if they amend or change the indictment.” Judge says the charge was not amended.

3:53 p.m. Judge explains the process and Lori asks, “When is conspiracy to commit murder not considered a dangerous crime?” Judge: “Why someone says they are going to choke someone to death and they don’t do it.” Lori goes back and forth with the judge, questioning the law. He says, “I don’t know what to tell you. Ok?”

3:52 p.m. Lori asks why she is not entitled to a hearing before the trial to determine if these acts were dangerous. Judge raises his voice at Lori. “Can I finish what I’m saying? I didn’t interrupt you! Can I finish?”

3:50 p.m. Treena Kay says she wants to add on the aggravating factors in this case should it ever come back on appeal. Lori says there is no purpose to the aggravators. The judge says the prosecutor wants to cover their bases in case there is a change in the law and for appellate purposes.

3:48 p.m. Lori is raising her voice and says there is no reason to have an aggravator phase. “There is only one sentence for this charge and if it’s already classified as a dangerous charge, the jury has already found it’s a dangerous charge, then what is the aggravator phase finding?” Beresky asks if the state wants to respond. Treena Kay says the jury has to make a second independent finding after a guilty verdict if there are aggravators.

3:47 p.m. Lori says she has a right to ask for a hearing about the aggravators because the indictment was amended. Judge says she is confusing two things and explains the process.

3:44 p.m. Judge asks Lori if she is found guilty, which of the aggravators is there not legal sufficiency for a jury to determine? “Most of them are inherent if the jury found you guilty,” he says. Judge reads through the aggravators again. “I’m struggling with what legal sufficiency you think is lacking for a jury to make those determinations if a jury found you guilty.”

3:42 p.m. Judge refers to Arizona law and reads part of it. He says it doesn’t say you don’t get a probable cause hearing for the aggravators. Beresky says the state’s aggravators include the infliction of serious physical injury, threatened use of a deadly weapon during the commission of a crime and others. FYI – we will have video posted later today of this portion of the hearing.

3:40 p.m. Lori asks the judge why there is an aggravating phase during the guilt phase of the trial. Judge says if the jury finds her guilty of the charge and the state wants to proceed with aggravators, there will be an aggravating phase. Lori asks if a hearing will need to be held to determine if there were aggravating factors. Judge says no – the state will determine if they decide to have an aggravating phase. Lori says she wants it on the record that she is talking about non-capital cases.

3:39 p.m. Lori has questions about the aggravation phase of the trial. She says a probable cause hearing needs to be held before the aggravating sentence. Judge says he believes that she is referring to death penalty capital cases. Lori says correct. He tells her this is not a death penalty case.

3:37 p.m. Lori says she has three issues she wants to discuss with the judge. One is about the aggravation phase. She asks if we should deal with it now or later. Judge says now.

3:35 p.m. If the walk-in jurors end up coming in tomorrow, court will begin at 10 a.m. If the additional jurors aren’t needed, court will begin at 1:15 p.m. Beresky talks about outstanding motions. He will deal with those tomorrow.

3:34 p.m. Judge says we may not need the walk-in jurors as 66 should be enough. Treena Kay agrees. Beresky asks Lori about her position. Her advisory attorney asks to consult with Lori. Lori has no objection to the group of 66.

3:30 p.m. Judge said the e-questionnaire process speeds things up as he just screened through 295 potential jurors. More walk-ins could show up tomorrow. Final number we have is 66 in the pool. They will show up tomorrow for in-person questioning.

3:25 p.m. Judge continues to read numbers past 295 and finishes at #302 (there were some blanks throughout the list). Beresky believes we have a pool of 67 potential jurors.

3:23 p.m. We are on juror #290. Several have advanced, many have not. Only a few more.

3:14 p.m. Juror #271 is excused because they are a felon whose rights have not been restored.

3:12 p.m. We are on juror #263. That person has short-term and long-term memory issues. They are excused. Next person has prior knowledge of the defendant. They are also dismissed.

3:10 p.m. Next juror wrote that they have a favorable view of police after watching the show “Donut Operator” on YouTube. Judge says, “Donut operator?” Lori laughs. Nobody seems to know what it is. The juror is excused. Now I’m thinking about donuts…

3:06 p.m. One juror wrote on their questionnaire that their grandfather was a DPS and, “If he says you did it, you did it.” That juror is dismissed.

3:05 p.m. We are on juror #250. A few have advanced in the last group, most have not. Around 45 more to go.

2:58 p.m. Judge says the next juror form “feels like she’s yelling at us in all caps.” Treena Kay motions to dismiss for cause. Lori agrees.

2:57 p.m. We are on juror #230. Vast majority are getting dismissed due to trial knowledge, vacation plans, health challenges or other issues.

2:50 p.m. As the judge reads the numbers, Lori and her advisory counsel look at the laptop screen. Lori has a yellow notepad and is writing the numbers using a short pencil. Her handcuffs and leg shackles remain on.

2:46 p.m. We have reached juror #200. Around 95 left to go through. Around 35-40 have advanced.

2:41 p.m. One juror didn’t complete the questionnaire. Treena Kay says she has a problem bringing someone in who can’t follow instructions. She asks that the juror be struck. Judge and Lori agree.

2:39 p.m. We are on juror #185. A few have advanced, but the majority will be out of town, have work obligations or have knowledge of the case.

2:33 p.m. Several jurors in this group have health problems and are excused. We are on juror #170.

2:28 p.m. Back on the record. We are on juror #157. There are 295 in the pool that the judge will work through today.

2:14 p.m. Judge says we are a little over halfway through the list. Taking a short recess.

2:13 p.m. Jury selection is not being televised or livestreamed. A standby videographer from Fox 10 is here in case the judge decides to hear other motions. The video will be shared with media outlets should that happen.

2:12 p.m. We have gone through 150 juror numbers. I’m counting 29 advancements, but could be off by a number or two. Judge says we will do a few more and then he will give the court reporter a break.

2:09 p.m. Brandon Boudreaux’s wife has joined the hearing via Zoom. All Zoom cameras are off.

2:06 p.m. We are on #137 and around 30 have advanced thus far. Majority of jurors are excused because they have knowledge of the case or Lori.

2:01 p.m. We just got two potential jurors in a row who advanced. A rare occurrence this afternoon. And then another one just advanced.

1:55 p.m. During the last trial, 52 potential jurors advanced and then 16 jurors were picked from that group. It took about 90 minutes to get the 52. We are about halfway to 52 and have been in court for around an hour. It seems far more jurors have heard about Daybell versus the last trial.

1:53 p.m. Next juror says they will be in Idaho for a family reunion next week. Good place to have a reunion. I hear it’s much cooler this time of year. Juror is dismissed.

1:52 p.m. One juror says they don’t trust police. Lori wants them to remain in the pool and says they can be questioned during voir dire. Judge says they clearly wrote “I don’t trust police.” Judge overrules Lori’s objection and the juror is dismissed.

1:51 p.m. We have made it through 100 jurors and around two dozen have advanced in the pool.

1:46 p.m. Employers in Arizona are not required by law to compensate employees while they are on jury duty. Jurors who have been selected receive $12 per day plus mileage ($.67 a mile). Jurors can apply for additional compensation if they need financial assistance during jury service.

1:44 p.m. We are on juror 90. Lots of different hardships in the last batch, resulting in many dismissals.

1:41 p.m. We are now on juror 81. We have nearly 20 people who have advanced in the pool.

1:39 p.m. Next juror is a detention officer who has transported Lori. He has also read about the case. He is dismissed.

1:38 p.m. Brandon is allowed to watch and be in the courtroom for the entire trial as he is the victim. He is on the witness list and is expected to take the stand.

1:37 p.m. Judge reads off juror #70. That person has prior knowledge of the defendant and childcare issues.

1:36 p.m. Brandon Boudreaux just popped up on the Zoom screen. We saw him momentarily and then he turned his camera off.

1:31 p.m. We are on juror #62. Several are being excused for different reasons – hardship, bias, one watched the last trial. Fifteen potential jurors have advanced.

1:30 p.m. The next juror has a “definite” bias against the defendant. That person is excused.

1:27 p.m. Another juror is dismissed as they have a traumatic brain injury. On juror #50. So far, we have 12 who have advanced.

1:24 p.m. One of the potential jurors is a defense attorney and appeared as a legal correspondent about the case on a local TV broadcast. That person is excused. The next juror has eight children at home. That person is excused for hardship.

1:21 p.m. We are now on #40. By my count, 11 possible jurors have advanced.

1:20 p.m. These Maricopa County residents all received questionnaires last week asking about their knowledge of the case and whether they could serve. Tomorrow the jury will be selected – 12 jurors, four alternates. They are aware that if they are picked, the trial will run June 2-13 and possibly June 23.

1:15 p.m. Another potential juror would need the court to supply an Uber. Another has watched a TV show about the case. We are on #30. Eight have advanced.

1:12 p.m. Other jurors have vacations planned, need to work or have other knowledge of the case. Beresky moving rapidly down the list. We are on juror #19 now. He reads their number, explains some information that was on their survey and then prosecution and defense each weigh in on whether the person should stay or leave. So far six have remained in the pool.

1:10 p.m. Another juror has to work at Comic Con during the trial and that person is excused. We are on the twelfth potential candidate and so far, three have advanced.

1:08 p.m. One juror advances, another is excused for childcare issues. Another is excused because they have difficulty understanding English and they don’t live in Maricopa County.

1:07 p.m. Issue has been resolved. Beresky begins reading down the list. First person has a job that would prevent them from serving. They are dismissed. Another juror is excused because they have knowledge of the case. Another juror is excused because they have a non-refundable vacation planned.

1:04 p.m. Judge mentions a glitch with the juror identification system. Apparently the numbering system has been changed. Parties are working to make sure they can accurately see the information.

1:01 p.m. Lori just walked in wearing an orange jail uniform. Her hair is curled and noticeably lighter. She smiled and said a few words to her advisory counsel. Beresky is now on the bench.

12:58 p.m. Back in Judge Justin Beresky’s Maricopa County courtroom. Jury selection will begin this afternoon in Lori Vallow Daybell’s final trial. There was a hearing earlier today in front of another judge regarding Daybell’s motion to have Beresky removed from the case. You can watch that here.