April 5, 2024:
- 16 prospective jurors were called. 14 appeared.
Failures to Appear
- Juror 233
- Juror 262
DAY 5 JURORS
- Juror 1635 (female)
- Juror 1645 (female)
- Juror 1658 (female)
- Juror 1680 (female)
- Juror 1736 (female)
- Juror 1760 (female)
- Juror 1779 (male)
- Juror 69 (male)
- Juror 84 (male)
- Juror 126 (female)
- Juror 148 (male)
- Juror 208 (male)
- Juror 229 (female)
- Juror 379 (male)
EXCUSED JURORS
- Juror 69: Challenge for Cause - Prosecution. (Hardship)
- Part of a software development team. Works on a lot of different projects. Could cause the team a hardship. Worried about subtext and retribution in the future for being gone for a quarter. Not a good idea for him. He’s the only income earner in his home. Very large company. On his team specifically, less than a dozen that can do what he does. Not knowing the ramifications would weigh on his mind. They know they can’t fire him for his civic duty. He trusts the people he works with. But it’s corporate America at the end of the day. He may be distracted. Not sure if he would be paid for 8 - 10 weeks.
- Juror is excused. Judge Boyce notes his disappointment with a company that size not accommodating jury service better.
- Juror 148: Challenge for Cause - Prosecution. (Hardship)
- Just started a new job. $10 an hour. Is 11 days into the job. It’s his sole source of income. Full time job. He is not sure if he will be paid during jury service.
- Juror is excused.
- Juror 208: Challenge for Cause - Prosecution. (Hardship)
- Salary will continue but she is a teacher and it puts her out of work for the remainder of the school year. Has additional jobs outside of that and doesn’t know what they would require. Is the sole provider in her home. Her classroom would be in the back of her mind. The burden of preparing for someone to take over the position would be too much. She would have to go in on the weekends and prep things. If sequestered she couldn’t work her evening jobs.
- Juror is excused.
- Juror 379: Challenge for Cause - Prosecution. (Hardship)
- Originally thought his employer would cover his jury service. [bad audio] Only two weeks covered.
- Juror is excused.
Juror Affirmations
- Juror 1645:
- Has seen things pop up on social media about the case. Doesn’t care to know the details. [bad audio]
- Has a trip coming up and works. Trip was for enjoyment, she hasn’t bought her plane ticket yet. She works with a vulnerable population but she’s reflected and they will be fine without her.
- Juror 1658:
- Travel plans tomorrow. [bad audio] Didn’t consider it a hardship to miss out on the trip. Also didn’t know the timing of when she would need to be there, before or after the trip. Trip has been paid for.
- Motion for Cause - Defense.
- Juror is excused.
GROUP VOIR DIRE
Brutal Honesty
- Juror 1779: [called upon by Attorney Blake] being entirely honest and not [bad audio]
- Juror 1760: [called upon by Attorney Blake] totally honest. [bad audio]
Graphic Photos
- Juror 1645: [called upon by Attorney Blake] Wanted to clarify what she wrote on her questionnaire. [bad audio] It causes her concern but she doesn’t think it would impact her ability to give the evidence the weight its due.
- 1680: [called upon by Attorney Blake] No concerns about the graphic nature of the photos.
Probably/Hopefully/For Sure
Given pilot analogy.
- Juror 84: [called upon by Attorney Blake] If the pilot wasn’t confident in his ability to do his job he shouldn’t be a pilot.
- Juror 229: [called upon by Attorney Blake] [bad audio]
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 cheesy eggs example.
- Juror 1635: [called upon by Attorney Blake] Has a 3 year old daughter, very specific about how she wants her food. [bad audio]
- Juror 126: [called upon by Attorney Blake] Her dad’s cheesy eggs are the best. He scrambled them a certain way. [bad audio]
- Juror 1645: [bad audio] Clarifying the question. Can follow instructions.
Conspiracy
Gives Super Bowl win analogy.
- Juror 1635: It’s fair for them to all get a ring.
- Juror 1779: He doesn’t follow NFL closely but yes, they should all get a ring.
Circumstantial Evidence Instruction
- Juror 1736: It rained.
- Juror 229: It rained.
Misc Voir Dire
- Juror 84: Went to school in a very unique place. The people there in northern Michigan have strong views. Uppers. Strongly religious, generally. Strong about gun rights. Love the outdoors. Have to love snow.
“Agreement”
- Juror 1680: [called upon by Attorney Prior] Both parties come to the same conclusion.
Speculation
- Juror 229: Should not speculate. Should use the evidence.
- Juror 126: Should not speculate in a homicide case.
Are Graphic Photos Sensationalism?
- Juror 1645: The reason for showing pictures is for evidence.
- Juror 1779: The same. To show evidence. The reaction is reacting to the situation and the evidence presented. [bad audio] have to go with the recipe.
Individual Voir Dire
Juror 1635: [unqualified juror]
- Has not formed any opinion about the case.
- No longer lives in Ada County. Summoned to the trial [bad audio]
- Now a resident of Canyon County.
- Juror is excused.
Juror 1645: [opposes the death penalty]
- Thought there should be a higher burden of proof than beyond a reasonable doubt. The weight of this is huge. The wording is confusing. It should be all the evidence [bad audio]
- Could follow instructions.
- Opposes the death penalty.
- Strongly opposed to the death penalty. Will have a difficult time voting to impose it regardless of the facts, law, and instructions in the case.
- I will not vote for the death penalty.
- Automatically have a no vote regardless of what evidence the state provider.
- Will consider it but I do not agree with it so, yeah [bad audio]
- Has a deep moral conviction against the death penalty.
- Would be emotionally difficult for her to impose the death penalty.
- Would never agree to give someone the death penalty.
- Motion for Cause - Prosecution.
- Juror is excused.
Juror 1680: [possible hardship]
- Has a young child. Has no concerns about finding childcare if chosen to serve.
- Supports the death penalty.
- Generally opposes the death penalty but can impose it if called for by the facts, law, and instructions in the case.
- Death penalty is not appropriate in every murder case.
Juror 1736: [prior knowledge]
- Has seen news about the case. Remembers the billboards when the kids went missing. Doesn’t have cable. Remembers the names of two of the victims. Doesn’t remember where the crimes are alleged to have occurred.
- No prior opinion on the case.
- Has heard Chad Daybell’s name prior to coming into court.
- Knew he was being charged for murder.
- Could be impartial. Really doesn’t know the case.
- Mother of three children. There will always be concerns with kids because things come up. One of the kids is doing football in Spring and will be concerned if he gets hurt. Family and friends can help with rides and such, the children are older.
- There is a sidebar. Court takes a 20 minute break.
- Didn’t check a box on the death penalty question.
- Do not have a strong opinion to support or oppose the death penalty.
- Generally opposes the death penalty but can impose it if called for by the facts, law, and instructions in the case.
- Death penalty is not appropriate in every murder case.
- Could be impartial. Could follow instructions.
Juror 1760: [prior knowledge, seems stressed]
- “I am” [stressed]. She has panic attacks with public speaking. Felt like when she signed the sheet, she has seen the news. She watched Dateline. She is nervous.
- Knows the children are dead and the bodies were found in Chad Daybell’s backyard.
- Watched 48 Hours. Didn’t watch Lori’s trial.
- Thinks Chad is guilty. It would be tough to put it out of her mind.
- Motion for Cause - Prosecution.
- Juror is excused.
Juror 1779: [prior knowledge]
- Has seen local news but hasn’t researched the case himself. Doesn’t know any facts. Media is not stating facts.
- He is innocent until proven guilty.
- Not worried the media he has seen will shape his opinion. Can put it out of his mind and be impartial. He has not seen any evidence.
- His wife has an opinion on the case. Knows he can’t talk to her about the case. She is aware too.
- Not concerned the verdict will need to agree with wife’s opinion.
- 43 years of marriage.
- Takes his civic duty seriously.
- Supports the death penalty. We as a people have decided that is a penalty that may be applied.
- Generally favor the death penalty but can impose it if called for by the facts, law, and instructions in the case.
- Is neutral, will base the decision on the facts of the case.
Juror 84: [opposed the death penalty]
- Opposes the death penalty.
- Generally opposes the death penalty but can impose it if called for by the facts, law, and instructions in the case.
- Not in favor of the death penalty in every case where a murder is committed. “Respectfully, I’m not a judge”. Doesn’t know what the legal difference is.
- Could follow instructions.
Juror 126: [wants to speak privately]
- Judge excuses the public and ends the broadcast.
Unknown if Jurors 126, 229, and 379 were excused. Based on notes from Nate Eaton, it appears juror 126 or 229 and 379 were excused.