Final Jury Selection

April 3, 2023

These are incomplete notes on the final day of jury selection. These notes were taken in real time but anything before 10 AM Mountain Time was missed.

Please note: “x” = "transcriber couldn't hear, there was bad audio, unintelligible, etc."

Jurors who have contacted the court in between sessions:

Juror 42: Is a teacher and having complicated issues trying to schedule work in order to be reimbursed
Juror 53: Has medical issues aggravated by sitting. They will follow up with her.
Juror 41: Had a son in the DOC. Coming back to court caused her anxiety. She cannot do it day after day. She hasn't slept or ate well since the day she was here for juror selection.

Judge Werner remembers she was crying at the end of the day when she realized she was coming back for service. Judge Werner releases her.

Juror 63: Spoke with his employer and doesn't get paid for more than 5 days of jury service. He is also released.
Juror 44: the one with the large truck.
One juror needs to be followed up with regarding court care.
One juror was released from service due to knowing a detective.
Another juror was released but the reason was unclear.
Following up with the juror who feels his credibility has been impacted.
Juror 28: excused due to work.
Juror 29: follow up.
Jurors 6, 9, 28, 41, 63 being excused.
Followup to jurors 23, 32, and 53.

Judge Werner Followups:

Juror 6: You know a detective well and know their kids, too? Couldn't hear their answer.
Juror 9: You were working 12 hour shifts, nights, and weekends, right? x.
Juror 18: Did you get the court care issue resolved?
Juror 23: This is impacting your health, can you tell us about that? x.

Judge Werner asks if it was a result of being here and some of the stress they were under. x.

Juror 28: Contacted employer and won't receive a paycheck, financial hardship.
Juror 29: Worked things out with their employer. x.

Judge Werner explains that alternates are here the entire trial.

Juror 32: Is a teacher. Only gets paid for the whole week if they are working on Thursday, Judge Werner is confused. x.

Judge Werner says "so we're good?"

Juror 16: Has a doctor's note.
Juror 53: Has sciatica issues. Judge Werner asks if they can get up and stand. Also says they will be in a little bit better chairs. x.
Juror 41: Being here in the courthouse is causing them some stress. Judge Werner asks how they are doing. x.
Juror 63: Is not paid for jury service as long as they thought they could be.

Prosecution informs Judge Werner that it intends to dismiss count 3, child abuse resulting in death.

Judge Werner asks if anyone else has had a change of circumstance:

Juror 4: Having an issue, he has been categorized as AWOL so he isn't getting paid. Finance department is only open on days there will be court. He needs to talk to JAG officers.
Juror 15: Has a dental emergency, needs a root canal but needs to schedule it. Wasn't sure if he could.
Juror 10: Something medical, possibly. x.
Juror 24: x. Judge Werner says he thinks they'll be done by May 25tj.
Juror 39: x. Judge Werner asks if it's scheduled yet. x.
Juror 40: x.
Juror 49: "Single homeowner". Possibly trying to sell or buy a house right now.
Juror 54: x.
Juror 30: Judge Werner clarifies Monday, Tuesday, Wednesday, and Friday for 6 weeks. x.
Juror 45: Something about pregnancy, she can't sit for a long time. Judge Werner is confused because she instructs kick boxing. She clarifies she can instruct without actually participating.
Juror 61: Some kind of appointment. x.
Juror 74: x.
Juror 75: x.

No one reported changes in ability to set aside publicity and opinions or to be fair and impartial.
A juror asks for a lower chair because her feet were hanging too much.

Interesting note from Zach Dupont of Colorado Springs Gazette: "The pool of 75 called back to start today definitely leans older, I would say the average age of the 75 potential jurors here today is around 50... Give or take." (source)

Jurors 4, 6, 9, 15, and (according to Zach Dupont) 16 more have been dismissed.

Judge Werner asks if there is any reason anyone has that they don't think they could serve on the jury. No response.

Jury selection is starting by a process of de-selection.

Juror 20 has a question about what information the attorneys have about them.

Judge Werner clarifies attorneys may try to gather information on potential jurors but the court did not provide additional information.
Only court staff and attorneys have their identities.

There are 55 potential jurors left.

We were not able to hear this final portion because the jurors may have had to reveal more about themselves.

11 men and 7 women have been selected to the jury

Jury is being given instructions and sworn in.

There will be a 15 minute recess before more instructions and an overview of what to expect in the afternoon.

The defense has moved for a change of venue one last time. Judge Werner says he will refer to his prior ruling on that and says this case is no different than the Dylan Redwine case.
Letecia wants to waive a jury trial and have a bench trial. Judge Werner says that the prosecution has the right to have a jury trial if a fair and impartial jury can be found. Motion is denied.
Jurors can take notes during this trial if they want, it's not required.