Waiting outside the courtroom. Robert Abernethy, one of Lori Vallow Daybell's advisory attorneys, just walked into the defense room. Proceedings are scheduled to begin at 10 a.m. Arizona time.
We are in the courtroom. Lori is at the defense table with her paralegal and attorney. Treena Kay is at the prosecutor's table.
The public and media are sitting on one side of the courtroom. The other side is empty. Judge Beresky just walked in and is on the bench.
Brandon Boudreaux is here with his wife. Kay Woodcock is also here.
Joseph Hill from the Maricopa County Sheriff's Office is here. Beresky says he ordered MCSO to perform a health evaluation on Lori. She was treated for one condition. The MCSO did not find any medical condition for Lori to miss court. Hill says they have additional information if needed "but it's not much."
Lori asks the judge if he can seal the response from the MCSO. He asks Lori if she has information as for why she is not medically to proceed. "Right now the only information I have is you were assessed and MCSO sees no clinical reason why court should not proceed." Lori wants to discuss on sidebar. Headphones go on and white noise is played in the courtroom.
A medical professional at the sheriff's office evaluated Lori either yesterday or Monday afternoon and determined she was well enough to appear in court. Lori says she is not. She continued to speak with Beresky during this sidebar.
The judge, Lori, Treena Kay, the court reporter and one of Lori's advisory attorneys wear headsets to communicate during sidebars. Normally the parties would huddle in the courtroom or go into chambers, but because Lori is the defendant and is representing herself, that is not the case here.
Lori is sitting in a regular chair in street clothes. I don't see a wheelchair in the courtroom.
Sidebar is over. Beresky says court will proceed with jury selection today. "Depending on how things go, I don't know if I will make the parties do opening statements or not. That remains to be seen. The court has not been provided any medical explanation as to why court cannot proceed today. Although the defendant said she had a headache and was not able to proceed, she seemed to be of sound mind and able to proceed."
We are waiting on six jurors to show up. Judge says we will be in recess until they arrive. Everyone stands, except Lori.
Judge just came back out and there was some sort of discussion between him and Lori's team. The word "ibuprofen" was heard. Abernethy said the court can't force her to take medication, Beresky responded, "I'm offering it." There was more discussion back and forth before Beresky walked out.
Abernethy and Lori are talking at the defense table. She is raising her voice - unclear what she's saying. It sounds like she is crying/sobbing.
Lori is going through her papers as her paralegal and other attorney, Pamela Hicks, are chatting off to the side.
Jurors are being walked in. Everyone rises for them, except Lori. She remains seated.
Judge enters. "Here we are again for the third time. Thank you for your patience." He explains the case and says jury selection process will continue. He will ask questions, then the prosecutor and the defense.
Judge tells jurors not to withhold information in order to make it on the jury. "Just be honest and candid with your answers. Do not be concerned with what you think the lawyers or parties or I will think of you."
Judge tells jurors to use Yes or No - don't nod heads or say, "Uh-huh, nu-uh." Tells them to speak up and lets them know a microphone will be passed around.
Judge introduces himself and his assistants. He tells them he would be happy to assist if they need anything. Judge introduces his clerk and the court reporter. The reporter takes down everything that is said. He asks jurors to raise their numbers if they think they know him or any member of his staff. Nobody raises their numbers.
Treena introduces herself and Ryan Pillar, the case agent with Gilbert Police who is sitting next to her. She also has a paralegal with her. Judge asks potential jurors if they know any of these people. None of them raise their numbers.
Judge tells jurors that defendant is representing herself with advisory counsel. He says that is her right. He asks jurors if the fact she has chosen to represent herself will affect jurors ability to be fair. Nobody raises their numbers. Judge asks Lori if she wants to introduce herself. "My name is Lori Daybell. I have two advisory counsel." She speaks very softly. She says the names of her advisory attorneys, paralegal and her private investigator.
Video from today is now streaming here.
Judge asks jurors if any of them have looked up anything about the case. None of them raise their numbers.
Judge explains there is supplemental juror compensation if jurors have financial concerns about serving. Beresky says jurors get $40 a day if they are picked. They are also reimbursed for mileage.
Judge asks for a sidebar to clarify the trial schedule.
Sidebar is over. He says the potential schedule is today, tomorrow, Friday and then all next week. There is a chance trial could finish next week but if not, Monday and Tuesday, June 23 and 24. He asks the jurors if any of them have conflicts with this schedule.
One juror raises her number. She is leaving for a wedding in France on June 24. Another lady is unemployed and is picking up jobs, but she would have to decline other jobs if she stays. Another juror has a doctor appointment on Friday that was set three months ago. If he missed it, he would have to wait three more months.
One juror wants to go look at apartments this Friday. He has an appotinment set up on Saturday because he will likely be moving. Judge asks what time his appointment is. It's Saturday at 12:30.
Judge asks if serving on the jury would create financial hardship. One juror raises their number. She is a 1099 employee and likely won't have the proper paperwork to get reimbursed. She is a single mom and a nanny. She's paid cash and gets a 1099 at end of the year.
Judge explains defendant is not required to produce any evidence. He says state must prove case beyond a reasonable doubt.
Judge says defendant is presumed innocent until proven guilty. As of now, she is innocent. He asks if everyone understands and asks if anyone disagrees with this. None of them raise their numbers.
Judge tells jurors they will be asked to evaluate the credibility of witnesses. He says law enforcement testimony is not better or greater than other testimony simply because they are a police officer. They are to consider that testimony the same as everyone else's testimony. He asks if anyone disagrees with this. None of them raise their numbers.
Judge asks if anyone would believe or not believe a police officer more or less because of their position. None of the potential jurors raise their numbers.
Judge asks anyone if they are a law enforcement officers, are married to one or have a close family member who is. One guy raises his hand and says his uncle is a sheriff in another county. They are close. Judge asks if that relationship would affect his ability to be fair. He says no.
Another juror says his daughter retired a year ago as a homicide officer. Man says they don't talk about cases and it would not affect his ability to be fair. Another lady raises her number and says her husband is in the police academy. She says it would not affect her ability to be fair. Another lady has a boyfriend who is a cop. Another lady's husband is a detention officer for the sheriff's office. She says she can still be fair.
Another juror has a brother-in-law who is a retired cop in Chicago. He says he can still be fair. Judge asks jurors to raise their numbers if any of them have any training in the law. One juror raises her hand and says she's an intern at a law firm.
One juror has an aunt and uncle who are lawyers at a financial firm. She says she can still be fair. Judge tells jurors if selected, they can not use the internet to gather information about this case - including independent experiments. They can only consider what is presented in the courtroom. They cannot talk to anyone about the case except that they are on a jury and the length of the trial. "If you violate these rules, I may have to declare a mistrial." He asks jurors to raise their numbers if they can follow these orders. They all raise their numbers.
Judge says no research can be done online to research the trial. Beresky asks the jurors to look around and see if they recognize anyone else in the pool. Nobody raises their numbers. He asks them to raise their numbers if there is anything he needs to know about why they should not be on the jury. None of them raise their numbers.
Judge tells Treena Kay she can do follow-up questioning from the counsel table. During the last trial, she approached a lectern. Treena remains seated. This seems to be an accomodation for Lori's illness.
Treena asks jurors if because Lori is representing herself, they will hold the state to a higher standard. None of them raise their numbers.
Treena explains jurors will be told about the crime of conspiracy to commit first-degree murder. "You're going to hear that this defendant is not the shooter and that is not an element of this crime. Is there anyone who thinks if she didn't pull the trigger, I don't really care, that's not conspiracy to commit first degree murder." None of the jurors raise their hands.
"You are going to be told the victim, Brandon Boudreaux, is not dead. That this conspiracy did not occur and he lived. Is there anyone here who says, 'Well, he didn't die. There couldn't have been a conspiracy to not kill him?" Nobody raises their arms. Treena says there will be media coverage in this case and things may pop up on their phones. She says they can not watch or read any of that.
Treena says they will not be able to talk to their family and friends about this - they will only be able to tell them they are on a jury. She asks if any of them will not be able to follow those rules. None of them raise their numbers.
Treena says the Church of Jesus Christ of Latter-day Saints, LDS, Mormons will be discussed. She asks if there is anyone who has an issue with the church and would have a problem with it during the trial. None of them raise their numbers.
Treena says she brings up this next point because it's become political. She says Brandon was driving a Tesla at the time of the crime. She asks if anyone has a problem with a Tesla or would associate it negatively in the trial. None of them raise their hands.
Treena says testimony will go out of order and will not be chronological. Trials aren't like how they are on TV, she says. None of the jurors have an issue with this. Treena has no further questions.
Treena Kay is done. Lori begins questioning. Beresky asks her to pull the microphone closer to her mouth. Lori begins by asking if any of them have ever seen her before. None of their raise their numbers. She asks jurors if anything is happening in their lives that might distract them from concentrating on their service. None of them raise their numbers.
Lori asks if anyone in the room has ever wanted to be on a jury - "like a bucket list thing." None of them raise their arms. She asks, "The law says I am innocent until proven guilty. Is there anyone who disagrees or doesn't understand that concept?" None of them raise their arms.
Lori asks if any of the jurors can easily have their minds changed. Judge follows up and asks the pool if there are any of them who easily give up on their convictions. None of them raise their numbers.
Lori asks jurors to raise their hands if they have any other experience in the courtroom. One man raises his number and says he had a felony DUI 15 years ago. He has had his civil rights restored. Lori asks how that experience might affect him in this case. He says he was at fault and was given due process. He says nothing will affect his ability to be fair. Another juror was involved in a custody dispute about 20 years ago. She says that will not affect her ability to be fair.
As she proceeds to ask more questions, Lori is speaking louder and not as feeble. One juror says he had a DUI and would try to be fair. Lori thanks him for him for his honesty.
Another juror had a misdemeanor DUI over ten years ago. He says it would not affect his decision in this case. Lori follows up and asks what that experience was like. He says standard process, he did what he was told and got through it.
Other jurors had family court or other proceedings. None of them say it will keep them from being fair and impartial. Lori asks if there is anything that will keep jurors from being fair to her. None of them raise their numbers. She asks them, "Raise your hand if you think someone charged with a crime is automatically guilty no matter what - or has a percentage of guilt, no matter what?" None of them raise their numbers.
Lori asks if any of the jurors own a gun. Fourteen raise their numbers. She asks if any of them have ever been to a shooting range. 31 jurors raise their numbers. She asks if any of them have extensive knowledge about gunys. A handful raise their numbers.
One juror says his father was a professional licensed gunsmith. "I very much learned quite a lot about firearms," he says. Lori asks if he frequents the firing range. The man says yes. She asks if his knowledge of guns would be an asset to the jury or might distract him. Treena objects to the question. Judge asks Lori to rephrase the question.
Lori rephrases the question, Treena objects. Judge clarifies and says jurors will be given instructions. He asks if they will be able to follow the instructions even if they think they know better. Juror says he can. Another woman raises her hand and says she served in the Iraq war and knows a lot about guns. Lori thanks her for her service. Another lady says she sells firearms at Bass Pro Shops. Lori asks if she goes to the shooting range. She says about once every six months. "Thank you, I appreciate that," Lori says.
Lori asks if anyone has a close family member who has ever served on a jury. A few raise their hands.
Several jurors share how their mothers, siblings, spouses, children have served on juries in the past. Lori asks how the experience was for each of these potential jurors. None of the jurors say it will affect their ability to serve in this case.
Lori asks if there is anything she hasn't asked that might affect their jury service. One guy raises his hand. "I've noticed you haven't asked a question if anyone close has ever been convicted or served in a trial at all." Guy says one of his close friends had to go through a parole hearing and he went to court with him.
The man says he wants to be honest and would have a little bit of a bias against "the system" because they were trying to get his friend "back in" when he was just trying to assimilate into society. Lori thanks him for his honesty.
Judge is pausing for a 5-minute break. One of the jurors needs to use the restroom.
Jurors have left the room. He says one of the jurors did not show up today. He texted the court and said that with all the uncertainty, he felt he needed to get back to work. Judge is now reviewing jurors to dismiss.
Several of the jurors who had conflicts are being excused. Treena agrees to dismissing a juror, Lori does not respond. "I'm going to observe the defendant, her mannerisms appear perfectly normal in front of the jury, but when the jury is not here, she can no longer speak." Lori does not speak.
When Lori does speak, she does not talk into the microphone and the judge has to ask her to repeat herself. Judge says a batch of jurors will be excused. We will now take a break so the defendant can "rest up." We will resume at 1:30 p.m.
Beresky says:
Judge says jury will be picked today and they will be given their instructions. Opening statements will be tomorrow at 10 a.m. and witnesses will then begin taking the stand.
Judge asks Lori if she has anything else. We can't hear what she is saying. Judge says court will resume at 1:30 p.m.
Lori stood up and walked out. No wheelchair today.
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