AFTERNOON THREAD: Back in the courtroom. As I was walking through security, Lori's paralegal was behind me carrying blouses, other outfits that are presumably for Lori. I should note that after this morning's hearing, Lori walked out of the courtroom - she did not need to be wheeled out.
Brandon and Jenny Boudreaux just walked in with their victim advocate. Kay Woodcock is also in the courtroom.
Lori just walked in and is sitting at the defense table. She's drinking from a bottle of water and chatting with her advisory attorneys.
The jury is walking in. The judge's assistant asked everyone to rise for them. Everyone is standing in the courtroom, except Lori.
There are around 40-45 left in the pool. Judge wants to seat 12 jurors and six alternates this afternoon. Judge Beresky is on the bench.
Judge begins telling the jurors court may start at 9 or 9:15 a.m. on Friday. He asks if there would be a conflict for anyone. None of them raise their hand.
On the back of each juror form, there is a list of questions such as if the person is employed, where they work, if they are married and if they have served on a jury before. The first juror says she is unemployed but used to work at Dunkin Donuts. Judge says, "Ohhhh..." Everyone laughs.
Jurors go down the line and talk about their jobs, their spouse's occupation and whether they've served on juries before. One lady says she served on the jury of a civil case in the past. She was the foreperson. Judge asks if she understands her opinion is the same of all other jurors. She does.
Variety of occupations among this pool: Banner Health employee, DoorDash, nonprofit, retired, etc.
There is also a variety of ages in this group - some seem to be right out of high school while another man says he has retired twice from different jobs. Others are raising kids, others have children who are grown and out of the house.
One woman served on a previous jury in an armed robbery case. The verdict was guilty.
Lori is taking notes as the different jurors introduce themselves. Treena Kay is also taking notes.
Jurors continue introducing themselves. We have about five left.
Introductions have concluded. Judge asks Treena and Lori if they have any follow up. They do not. Judge says he is going to focus on the jury box. "The people over here have a high percentage of being on the jury." He asks one final time if there is anything he thinks they need to know that would prevent them from being able to be fair and impartial.
None of them raise their cards. Judge excuses all the jurors into the panel while he and the parties will work to finalize the jury.
There were 18 jurors in the box. Judge says he wants to seat 12 jurors and four alternates. So the last two in the front row will not make it on the jury, Beresky says.
Judge will bring in the 16 jurors, they will be sworn in, they'll be read the charge and he will read preliminary instructions.
By my count, there are 8 men and 8 women on this jury.
Judge dismisses all jurors in the back of the courtroom. The remaining 16 jurors will be given new numbers - #1-16.
Judge asks jurors to stand and raise their right hands. The clerk swears them in.
Clerk reads the charging document. Lori N. Daybell is charged with conspiracy to commit first-degree murder. "On or about Oct. 2, 2019, with the intent to promote or aid the commission...and agreed with Alex Cox that at least one of them or another would engage in conduct constituting the offense."
Lori has pleaded not guilty to the charge. Judge's assistant now hands out the packets of jury instruction. These instructions can be lengthy. Judge will read them to the jurors.
Beresky begins reading instruction. They must not speculate or guess about any face. Race, color, religion, sexual orientation should not influence them. They must listen to the facts and let that lead to their decision.
Defendant represents herself. Anything judge reads about attorneys or lawyers applies to Lori. The fact she represents herself shouldn't be used for or against her.
Judge says jurors should not speak with anyone about the case outside the courtroom. If anyone approaches them and tries to talk about it, judge needs to be informed. He explains what evidence is.
Judge explains what sidebars/conferences are. He says they will try to keep them to a minimum. "Please do not be concerned with what we are discussing at any bench conference that we have," he says.
Beresky says the charge is not evidence that Lori has committed a crime. She is presumed, by law, that she is innocent. State must prove she is guilty beyond a reasonable doubt.
If jury finds Lori is guilty beyond a reasonable doubt, they must find her guilty. If not, they must find her not guilty.
Judge says jurors can accept everything a witness says, part of it or none of it. It's up to them.
Police officer testimony should be considered on the same level as other witnesses. It should be be held higher than the testimony of others. Exclusionary rule is in effect for all witnesses. This means they have to remain outside the courtroom during the entire trial until they are called to testify. Brandon Boudreaux is excluded from the rule as he is the victim.
Jurors will get notepads and pens. They are encouraged to take notes, but should not let them be a distraction. They should not be discussed with other jurors until deliberations. When the trial is over, the notes will be destroyed.
Judge tells jurors to always wear their juror badge around the courthouse. If they have questions or need additional information, submit their requests in writing to the judge and he will discuss with the attorneys.
Jurors can not take notes with laptops, phones, electronic devices, etc. "It is your duty not to speak with or be addressed with any person on any subject connected to the trial. If someone should try to talk with you about the case, walk away."
Judge says when jurors go home and are asked about the case, all they can say is they are on a jury and the length of the trial. They cannot discuss the evidence, parties, etc.
Jurors are following along as they look down at their packet of instructions. Judge says if they have a hard time hearing or with certain evidence during the trial, raise their hand and let the judge know.
If jurors have questions for the witness, they need to let the judge know before the witness leaves the stand. They need to submit the question independently and not consult with other jurors.
Judge explains what the charge is - conspiracy to commit first-degree murder.
Judge tells jurors that media will cover the trial. Tells them to avoid news media coverage but if they encounter it, turn it off immediately. He tells jurors to ignore cameras in the courtroom. Jurors will not be shown during the trial.
At the end of the case, the alternate jurors will be picked by lot. The trial is expected to last no later than June 23. If this case does beyond next week, there will be no trial the following week. Judge says hopefully the case won't go past next week.
Judge says we did have a delay from last Friday and jurors are not to speculate about why there was a delay. Tomorrow will go 10 a.m. - 4:30 p.m. Friday will go 9 a.m. - 4:30 p.m.
Judge explains that tomorrow, the prosecutor will give an opening statement. Lori will then give an opening statement or she may wait to give her statement after the prosector's case in chief is done. An opening statement is not evidence. "The purpose of an opening statement is to help you prepare for anticipated evidence," Beresky says.
Judge finishes reading instructions. He says there are some other issues he needs to take up outside their presence. Jurors are dismissed and will return by 10 a.m. tomorrow.
Judge tells the parties to make sure technology is ready to go tomorrow. Nothing further from the state, Lori asks about the media zooming in on the computer screen from Friday. Beresky tells the media they can not zoom into anything on the table - notes, computers, etc. Nothing further.
Join me tonight at 8 p.m. MT for "Courtroom Insider" on the East Idaho News YouTube channel. We'll break down everything that happened today.
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