Daybell Jury Selection Day 4

April 4, 2024:

• 31 Prospective jurors were called in. broken up into smaller groups for the voir dire process.
• Two jurors have been excused without voir dire.

GROUP 1

EXCUSED JURORS

• Juror 834: Challenge for Cause - Prosecution. (Hardship)
• [bad audio] sole source of income.
• Juror is excused.
• Juror 874: Challenge for Cause - Prosecution. (Hardship)
• Would be going without income except for one week. Would be a financial hardship. [bad audio] Job would be held but she would only be paid for 40 hours.
• Juror is excused.
• Juror 1014: Challenge for Cause - Prosecution. (Hardship)
• [bad audio] Working two jobs. In school full time. A ten week trial would make it difficult for her to meet deadline and also would cause issues at her job. Would basically lose the semester. Ends in late April.
• Juror is excused
• Juror 1024: Challenge for Cause - Prosecution. (Hardship)
• Has a family trip in late May. Parents have been planning it for a while. Starts the 25th. Already booked planes and hotels. His kids would go with his wife and parents. [bad audio] Would be a challenge because it’s a preplanned trip. No financial hardship. [bad audio] investments. It’s just the trip himself. Rescheduling it would be rather challenging.
• Has an 11 and 12 year old. Family trip that involves the grandparents as well. Right at the end of the school year. Any parent would be nervous about their children traveling.
• This juror keeps saying “if the trial ends by then, it’s fine” and “if it’s before the trip, it’s fine”.
• Going to Boston. Two children in a large city.
• The issue is if the kids go on the trip without him. It’s a busy city. They have to navigate with his wife and their grandparents. Any father would be concerned.
• Juror is excused.
• Juror 1093: Challenge for Cause - Prosecution. (Hardship)
• Primary provider for two young children in homeschool (6 and 8). The timeframe was stated 8 weeks and she assumed it would be starting sooner. She can put her kids into public school to cover that but ten weeks or more would definitely be a difficulty for them for childcare. She takes care of the kids and the farm.
• Has 5 acres, raises sheep and chickens. They will have baby lambs soon. Grow a lot of their own food.
• Juror is excused.

Group Voir Dire

Brutally Honest

• Juror 1100: [called upon by Attorney Blake] [bad audio] be truthful in all aspects. You need to be not hiding. As difficult as it may be you need to be able to articulate what occurs.
• Juror 751: [called upon by Attorney Blake] [bad audio]

Probably/Hopefully/For Sure

Given pilot analogy.

• Juror 779: [called upon by Attorney Blake] Wouldn’t want to stay on the plane. [bad audio] Fear for his life. The pilot isn’t experienced if he says something like that.
• Juror 1078: [called upon by Attorney Blake] I agree. Would definitely not feel assured hearing that.

Graphic Photos

• Juror 722: [called upon by Attorney Blake] Has adult children. Believes she can see the photos and weight them properly. It’s significant.
• Juror 732: [called upon by Attorney Blake] Has adult children. Is concerned about her sleep and mental health not impartiality.

Regarding Jury Instructions and Not Adding Your Own Elements

Prosecutor asks the jury to think of a time that they had to do something a certain way. Gives example of child wanting cheesy eggs made specifically.

• Juror 716: [called upon by Attorney Blake] Has three kids. Has been in that situation. Sometimes does what the kids want. Sometimes modifies it.
• Juror 722: [called upon by Attorney Blake] 2 year olds and 3 year olds think they know what they want and then you do it and they change their mind and somehow you cut it wrong.

Conspiracy

Gives Super Bowl win analogy.

• Juror 997: [called upon by Attorney Blake] “Absolutely” everyone should get a ring. They all participate, it’s a team effort.
• Juror 751: [called upon by Attorney Blake] Agrees. [bad audio]

Circumstantial Evidence Instruction

• Juror 732: [called upon by Attorney Blake] Moisture. It had rained.
• Juror 1100: [called upon by Attorney Blake] [bad audio]

Media

• Juror 1078: [called upon by Attorney Prior] Media uses it as a story not so much facts.
• Juror 997: [called upon by Attorney Prior] Tries to avoid media as much as possible. There’s a reason why the media chooses stories - for clicks, attention, to get their name out there.
• Juror 779: [called upon by Attorney Prior] Agree with the other jurors. A lot of time journalists try to make a story, not always try to make it as factual. Maybe not leave in all the facts to make a story that catches attention.

Facts and Evidence

• Juror 751: [called upon by Attorney Prior] [bad audio] The court is asking us to consider the facts and the evidence. That’s it.
• Juror 722: [called upon by Attorney Prior] It’s about facts and evidence.

“All that glitters is not gold”

• Juror 716: [called upon by Attorney Prior] [bad audio] nice on the outside but once you get on the inside [bad audio]
• Juror 732: [called upon by Attorney Prior] You have a lot of words in there. I’m not sure I completely understand exactly what your question was. Can you clarify that? [bad audio] you don’t live to be this age and have kids and not experience that in some capacity.

Individual Voir Dire

Juror 716: [possible hardship]

• Works three days a week as a project manager. Works for a very small construction company. Supervisor can fill her role for the duration of the trial.
• Is paid for six weeks of jury service. [bad audio] Not concerned about loss of pay.
• Supports the death penalty depending on the case evidence that is proven.
• Generally favor the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.
• Will follow instructions.

Juror 722: [prior knowledge of case]

• Followed the case somewhat. Has not formed an opinion.
• Followed quite a bit [bad audio]. Just saw the news. Doesn’t know if that’s the truth or not. She was interested in it and enjoyed learning about it. Knew she didn’t have enough information on the case to make a judgment.
• Remembers audio of Lori’s trial. Did not watch it.
• Audio from the couple of days around the autopsies being shown and the pictures, just what the judge was saying. The happenings of that episode. Not an episode, but that day. It was the trial.
• Has not formed an opinion on Chad’s guilt.
• Watched the Netflix documentary. Did not watch Dateline.
• Clicked on headlines.
• Would check the news after work to relax. Wasn’t obsessive.
• Confident she could be impartial even if she may have an opinion.
• Watched the verdict in Lori’s trial. Not live. Knows she was found guilty.
• Probably watched about her sentencing, thinks she got life in prison.
• Defense moves for cause.
• Juror is excused.

Juror 732: [prior knowledge of case]

• Most of the information was around missing children. That’s something that piqued her interest. She is selective in her news. She reads the news, she does not watch the news.
• Missing kids is priority.
• She avoids sensational stories.
• Sources include channel 7, channel 2, and channel 6 websites; the Idaho Statesman; BBC; Associated Press.
• She saw headlines.
• Could be impartial.
• Can put what she knows out of her mind and look at the facts of the case.
• She thinks this will probably impact everybody. She takes this seriously. [bad audio]
• Worked in healthcare for 20 years.
• Spent a short period of time early in nursing career in the emergency department. Left because it wasn’t for her; she didn’t need to see the graphic stuff.
• She has been selective as to what she takes in but that doesn’t mean she won’t be able to process it.
• Didn’t know there was a Netflix series.
• If I can’t have an impact on something I don’t need to know about it.
• “I’ll hold onto it” but somebody needs to be there.
• She disconnected fairly early on. No opinion on the news she read.
• Was quoted entirely out of context once and it shaped her to want more information.
• [bad audio] explaining why she had Attorney Prior clarify something earlier.
• There would be facts that weren’t even reported in the news even if she watched it all.
• Sensitivity to graphic images and violence.
• If you are a juror you have an impact on someone’s life.
• There is a need to know which is different from gratuitous sensationalism that she doesn’t need to know.
• It wouldn’t be the “highlight of her anything” but it is important.
• “Whether I want it to be or not, it’s an obligation. If I’m the right person then that’s what I’ll do. If I’m not the right person I’ll kind of sleep easier.”
• No prior information would have impact.
• Defense moves for cause.
• Juror is not excused.
• Supports the death penalty.
• Generally favor the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.
• Will follow instructions.

Juror 751: [prior knowledge of case]

• Saw media reports. Doesn’t know details. Didn’t follow the case. Doesn’t normally watch the news.
• Could be impartial.
• Supports the death penalty if the evidence indicates [bad audio].
• Generally opposed the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case. [bad audio]

Juror 779: [death penalty voir dire]

• Supports the death penalty.
• Generally opposed the death penalty but would base decision to impose it on facts, law, and instructions in the case. When a certain situation comes up, he supports it.
• If it is called for by the facts, law, and instructions in the case he would support it.
• Is not in favor of the death penalty in every murder case.
• Can be impartial and follow instructions.

Juror 997: [prior knowledge of case]

• Heard the local news years ago. His kids were watching TV. Local TV station stating something about the gentleman and female involved and showed photos. That’s it.
• Can be impartial and follow instructions.
• Supports the death penalty.
• Generally favor the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.

Juror 1078: [prior knowledge of case]

• Checked the “defendant should be required to testify” box.
• Didn’t understand the question and now knows it’s not required.
• Supports the death penalty.
• Generally opposes the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.
• Can be impartial and follow instructions.

Juror 1100: [prior knowledge of the case]

• The case was hard to miss. He thought it was over.
• Knows there were some deaths, they had gone to Hawaii. Unsure who went.
• Could set aside what he has heard and be impartial.
• Wants the know where the line of reasonable doubt is drawn.
• Jurors will be given definitions and instructions.
• Can give Chad Daybell the presumption of innocence.
• Has an opinion due to the nature of the reports. Media can have an agenda.
• You always come up with an opinion or form some sort of a bias.
• Could set it all aside and look at the information that is presented.
• Didn’t know the names until he heard them in court.
• Opinion is it is an egregious crimes and the people who were identified were likely involved in whatever occurred.
• It’s natural for someone to hear those reports and assume [bad audio]
• Couldn’t tell you the charges or how many people were involved.
• Will hold the government to its burden of proof.
• Defense moves for cause.
• Juror is not excused.
• Supports the death penalty as the law instructs.
• Generally favor the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Can be impartial and follow instructions.
• Is not in favor of the death penalty in every murder case.
• Will follow instructions.

Pre-Group 2 Voir Dire

• Juror 1187: Spoken to in chambers.
• Juror is excused.
• Juror 1605: Failure to appear.

GROUP 2

EXCUSED JURORS

• Juror 1187: (dismissed with no voir dire)
• Juror 1248: Challenge for Cause - Prosecution. (Hardship)
• Working full time. Losing that much income would be a financial burden. Would only get paid for two weeks of service. Sole source of income.
• Juror is excused.
• Juror 1632: Challenge for Cause - Prosecution. (Hardship)
• Trip planned in early June. The 4th-12th. Vacation and family reunion. [bad audio] he takes his child[ren] to school. His wife is a teacher starting her workday before the kids’ school day. Flights being purchased by a family member. Trip is in Alabama. Has already been rescheduled due to COVID.
• Juror is excused.

Group Voir Dire

Brutal Honesty

• Juror 1219: [called upon by Attorney Blake] Seeing the facts for what they are and speaking your mind.
• Juror 1537: [called upon by Attorney Blake] Telling the truth.

Probably/Hopefully/For Sure

Given pilot analogy.

• Juror 1577: [called upon by Attorney Blake] Pilot has too much doubt they would make it to their destination. Wants assurance.
• Juror 1353: [called upon by Attorney Blake] Would hope he was joking.

Graphic Photos

• Juror 1330: [bad audio] I feel like I can say that I would be fine. Until I saw it. And as a mother [bad audio] [sounds like she is crying]. Could be fair and impartial but “could I look at it? Difficult.”
• Juror 977: [called upon by Attorney Blake] Is also a mother. [bad audio]
• Juror 1288: Has two very young children. It would be very difficult for him to see that. Think she could give them the weight they are due in relation to other evidence. Would struggle not to make an immediate opinion. Would be willing to listen but worries he could be impartial after seeing that.

Regarding Jury Instructions and Not Adding Your Own Elements

Prosecutor asks the jury to think of a time that they had to do something a certain way. Gives example of child wanting cheesy eggs made specifically.

• Juror 1436: Has two kids. Pretty picky. Want things a certain way. If it’s not made that way they don’t wanna eat it. She does it the way they want to the majority of the time.
• Juror 1185: His son is a pretty picky guy. If he tries to add spices or anything to his food, which he is always trying to do because he’s a chef, he won’t eat it. He only modifies recipes if he has to.

Conspiracy

Gives Super Bowl win analogy.

• Juror 1271: [called upon by Attorney Blake] Agrees everyone should get a ring. From his experience sometimes the most underrepresented individual within the group is actually overwhelmingly a reason for the success. It’s very obvious everyone should for that reason. [bad audio]
• Juror 1503: [called upon by Attorney Blake] [bad audio]
• Juror 1353: [called upon by Attorney Blake] Everyone should be responsible for their actions. You can talk about something but doing it is completely different. You’re responsible for what you do, not what you talk about.

Agreement

• Juror 1353: [called upon by Attorney Blake] No, they have to commit the crime not just agree. It would be impossible to follow the juror instruction.
• Prosecution moves for cause. Audio is muted unfortunately.
• Juror is not excused.

[very unfortunate long break in audio]

Agreement

• Juror 1577: ç It does not have to be in writing. It can be done verbally.
• Juror 1537: [called upon by Attorney Prior] I don’t think they need to shake on it. You just have to talk about it.
• Juror 1353: [called upon by Attorney Prior] In marriage, you say “I do” but you also sign a legal document. You can’t just say I love you and we’re married. Beating around the bush is not an agreement.
• Juror 1185: [called upon by Attorney Prior for shaking his head] [bad audio]
• Juror 1219: [called upon by Attorney Prior] Agreed to sell a gun over the phone and found out it was worth a lot more so he backed out. They haven’t spoken since. The other party thought it was an agreement.

Speculation/Guessing

• Juror 1436: [called upon by Attorney Prior] Guessing not part of making a big decision. Neither is speculation.
• Juror 1382: [called upon by Attorney Prior] [bad audio]

Lying

• Juror 1353: [called upon by Attorney Prior] [bad audio]
• Juror 1366: [called upon by Attorney Prior] Yes, people lie in relationships.
• Juror 1288: [called upon by Attorney Prior] Yes, people lie in relationships.

“All that glitters is not gold”

• Juror 1271: [called upon by Attorney Prior] Probably just because something makes you feel good or you have an attraction to it doesn’t mean it’s good.
• Juror 1288: [called upon by Attorney Prior] I was given a job where certain tasks or income was promised that sounded a lot better than it does when you’re doing the task.
• Juror 1271: [called upon by Attorney Prior] The same, except for everything was promised was promised but the people and personnel around [bad audio] nothing was misconstrued [bad audio]
• Juror 977: [called upon by Attorney Prior for making eye contact] You’re talking so I’m looking at you.

Individual Voir Dire

Juror 977: [possible hardship]

• Wanted to be honest in saying it would be extremely difficult. Could potentially make it work. Can find childcare but it would be extremely difficult, not impossible.
• Self-employed. She and her husband own a business.
• Will not need to pay for daycare [bad audio].
• Her husband will do her work for her.
• Burden of childcare would be on her in-laws.
• Sequestration for more than a day or two would be a distraction. Not going to go back to her home for a week or two.
• It would impact her greatly negatively.
• Defense Moves for Cause.
• Juror is excused.

Juror 1185: [standard of proof]

• Felt the burden of proof should be higher than beyond a reasonable doubt.
• Filled this out after working all night and may have had zero sleep. [reviews his questionnaire]
• With this kind of thing the proof should be beyond. Absolutely certain.
• May have trouble following the instruction of reasonable doubt.
• Judge Boyce reads the instruction.
• Juror can follow the instruction.
• Supports the death penalty.
• Generally favor the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.

Juror 1219: [supports the death penalty]

• Supports the death penalty.
• Generally favor the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.

Juror 1271: [prior knowledge of case]

• Assume most people have some knowledge.
• Has heard news clips about Lori Vallow. Just a lot of clips that have popped up.
• Kind of rings a bell, two child victims. Just know random little tidbits. Maybe Hawaii was part of it. No real details.
• Did not watch any documentaries. Just news clips, a long time ago. Just constantly [bad audio] People would ask “oh did you hear about that?”
• Could be impartial. Doesn’t know enough to really even put a stance on it.
• Knows he doesn’t know the whole story.
• Can presume Chad Daybell innocent until the state proves him guilty.
• Supports the death penalty.
• Generally favor the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.

Juror 1288: [possible hardship]

• Has concerns about his ability to view images he will have a reaction to and be able to weigh it accurately.
• Would struggle in associating that with his own personal situation.
• Has children.
• Wants to be impartial. Wants to give the evidence the weight he feels they’re due.
• Doesn’t think he would automatically assign guilt after seeing them but he worries he will be emotional in his wanting to see justice.
• Could wait to hear all of the evidence before making a decision of guilt.
• Would be difficult for him to not make an immediate emotional reaction of wanting to assign guilt to somebody.
• Defense moves for cause.
• Juror is excused.

Juror 1330: [prior knowledge of case]

• Watched the Netflix special about a year ago so it’s not completely clear.
• She remembers there were suspicious events. Seeing aerial footage of presumably the area of land they were found. The last photo of them alive.
• Thinks the property they were found on was near Idaho Falls and owned by the defendant.
• Everything you see on TV is formulated and produced for the benefit of the pockets of the people who own the TV. Would it sway her? Not necessarily. Barely truths, half-truths, approximate truths today for the sake of money. Not swayed by anything online when it’s a for-profit situation.
• Hasn’t ever really seen very graphic material, most of what she sees is censored to an extent.
• Know one knows when something happens to them for the very first time in their life what the reaction will be.
• State moves for cause.
• Juror is excused.

Juror 1353: [conspiracy instruction]

• It would have to be proven there was an actual agreement and not just words spoken.
• Transfer of money, an action that suggests there was an agreement made.
• Can follow instructions.
• Would have to ask who’s on trial.
• If the person on trial has agreed to a contract or an oath, we should be concerned with that person. If there were more people involved with a conspiracy, their actions should be tried separately.
• He will listen to what the court has to say and it’s in charge but that’s beyond his scope to know and understand what someone else’s intentions are.
• If someone is on trial they should be proved guilty or innocent for what they’ve done.
• Would follow instructions.
• Supports the death penalty.
• Generally opposes the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.
• Prosecution had previously moved for cause. They withdraw the request.

Juror 1366: [prior knowledge of case]

• Has seen headlines about the case.
• If she did read articles it was so long ago she doesn’t remember. She has just seen headlines from living here.
• She can put anything she has heard out of her mind. Defendant has a right to a fair trial.
• Supports the death penalty.
• Generally opposes the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.

Juror 1382: [prior knowledge of case]

• Saw commercials for channel 7. Has seen headlines.
• Saw reports years ago about the children being found and Lori being arrested.
• She remembers an aerial view of a property.
• Doesn’t remember the names of the victims but might be able to think of them if she tried long enough.
• She can put anything she has heard out of her mind. Defendant has a right to a fair trial.
• Defendant is innocent until proven guilty.
• She planned to work after court hours.
• Would not have a financial hardship if she couldn’t work. She has backup, she is one of a group. Her position is remote.
• Sequestration would not cause a financial hardship.
• Supports the death penalty but it depends.
• Generally favor the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• When all of the evidence has been shown, then ask me if it’s appropriate. It’s all situational on the facts of the case. It’s not an open-ended question.
• Can follow instructions.
• Is not in favor of the death penalty in every murder case.

Juror 1436: [prior knowledge of case]

• Defendant looks guilty according to the news reports.
• She knows there were two people killed that were children. It involved the husband and wife and they ran off to Hawaii. The bodies were found on one of their properties.
• Believes Chad Daybell might be mentally ill. If he had done something like this he would probably have some problems that caused him to do that.
• Did not watch any documentaries on the case, didn’t go looking for it on TikTok.
• Could put what she heard in the media out of her mind. Thought the questionnaire was asking her what her opinion would be if she had to choose based on the media.
• Wants to wait for all the evidence.
• Chad Daybell is presumed innocent until proven guilty.
• The media is not evidence. Testimony and exhibits are evidence.
• Does not believe Chad Daybell is mentally ill. Wrote that because she thought she was being asked to form an opinion based on what she had heard.
• Prosecution moves for cause.
• Juror is excused.

Juror 1503: [prior knowledge of case, possible hardship]

• Has seen a lot of news. Has seen the outcomes of some of the other connected parties. A lot of news coverage of what happens in Idaho.
• Followed Lori’s trial a bit. Knows what happened in that case.
• May have formed subconscious opinions. Hard to un-know things. Can try to be impartial and have the best intentions but subconscious opinions can creep in.
• Is concerned he wouldn’t be able to shut everything he knew out. You can just shut it off or tune it out. He will try to be his best but he wanted to be honest.
• Prosecution moves for cause.
• Juror is excused.

Juror 1537: [jury instructions, prior knowledge of case]

• Jurors should disregard the law if they disagree with the law. (made references to Nazis [bad audio])
• Referring to also the fugitive slave act where if you didn’t help someone to return to slavery they could be arrested. The jury in that case should be able to disregard that.
• The law the defendant is accused of breaking is not an unfair law.
• Can follow the court’s instructions.
• Has heard of Lori Vallow on the news.
• Can be impartial.
• Supports the death penalty but it depends. “Slight lean”
• Generally favor the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.

Juror 1577: [prior knowledge of case]

• Has seen some media exposure if it was on TV at a restaurant for example. She doesn’t watch the news.
• Has not formed an opinion on the defendant.
• Supports the death penalty but it depends.
• Generally favor the death penalty but would base decision to impose it on facts, law, and instructions in the case.
• Is not in favor of the death penalty in every murder case.