LIVE UPDATES | Day 4 of jury selection underway in Chad Daybell case

LIVE UPDATES FROM THE CHAD DAYBELL TRIAL

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5:30 p.m. Court is adjourned until tomorrow at 8:30 a.m. Join me at 6:30 p.m. on ‘Courtroom Insider’ to break it all down.

5:28 p.m. The jury pool of eight is passed for cause. Boyce tells them to avoid coverage of the case and not to investigate it.

5:25 p.m. Attorneys walk back in. Chad Daybell looks back at the clock on the wall. Boyce takes the bench and says the jury pool will be brought in to be passed for cause.

5:19 p.m. Boyce calls for a quick sidebar in his chambers before the jury pool is brought back in.

5:15 p.m. One more juror walks in. The woman had some media exposure “passively.” She doesn’t watch the news and hasn’t formed an opinion. Boyce talks to the lady about the death penalty. The woman supports the death penalty but will follow the laws and instruction when it comes to imposing it. State has no further questions, neither does defense. The juror advances. She is #52.

5:10 p.m. Wixom has no further questions, Prior has no questions. Boyce bringing up death penalty. The juror generally favors the death penalty but would base a decision to impose it on the facts, law and instructions in the case. No questions from the state or defense. The juror advances. He is #51.

5:06 p.m. Next juror takes his seat. Wixom asks the man about some of the answers on his questionnaire. The juror has heard of Lori Vallow from his coworkers and he recalls that recently she was convicted “possibly.” The man does not know the names of the victims but knows the crimes occurred in Idaho.

4:59 p.m. Wood is questioning the juror. He has seen coverage of the story on local and national news. He also watched the outcome of Lori Vallow’s case. Wood motions to have the juror dismissed, Prior agrees. Boyce grants the request and the man is excused.

4:56 p.m. Boyce sustains the strike and the juror is released. Next juror takes his seat.

4:49 p.m. Batey asked a few follow up questions and now Prior is questioning the juror. He asks her about the questionnaire where she wrote Chad Daybell killed several people and may have mental issues. She clarifies what she meant. Prior has no further questions. Batey moves to excuse the juror given the depth of her media exposure.

4:45 p.m. Next juror takes her seat. Batey asking the woman about media exposure. She has seen some local news reports and remembers two children being killed involving a husband and wife. They ran off to Hawaii together and the bodies were found on one of their properties. The woman wrote on her questionnaire that Chad “may be mentally ill.”

4:42 p.m. Boyce calls for the next juror to come in. Looks like we will continue individual voir dire with the rest of the group.

4:40 p.m. The juror generally favors the death penalty but would base her decision on the facts and evidence. She commits to follow instructions of court. State has no questions and neither does Prior. This juror advances. She’s number 50. That’s the number we need.

4:37 p.m. Prior doesn’t have questions for the woman. Boyce asking the juror about her job. She says she isn’t worried about it – she’s one of a group of people and sequestration wouldn’t cause any problems. Now Boyce will discuss death penalty with her.

4:32 p.m. Next juror takes her seat. Wixom is questioning the woman about media coverage of the case. She has watched some commercials teasing the story for local news and recalls seeing an aerial view of a property. She does not know the names of the victims. She says she can set aside anything she’s seen and believes everyone is innocent until proven guilty.

4:30 p.m. The juror supports the death penalty and will follow the law, facts and instruction given to her in court. State and defense have no questions. The woman advances. She is #49. We need one more!

4:27 p.m. Next juror sits down. Wood begins questioning her. The woman says she has seen headlines about the case but doesn’t remember reading. She believes Daybell has an absolute right to a fair trial. Prior has no questions. Now they will discuss death penalty.

4:26 p.m. Blake had previously made a motion to have the man excused but withdrew the motion. She wants to make it clear for the official court record.

4:20 p.m. The man says he would be willing to follow the instruction of the court and he would consider all the evidence allowed in by the court. Blake has no further questions. Prior has no questions. Next topic: death penalty. The man supports the death penalty but not in every case where murder is committed. He will follow court instruction. State has no questions, defense doesn’t either. The juror advances. He’s #48.

4:15 p.m. The next juror walks in. He had an issue with conspiracy earlier on so we will begin there. Blake is questioning him and he says it would have to be proven that there was an actual agreement – not just words spoken. He says an example could be a transfer of money or action that would suggest there was an agreement made.

4:11 p.m. Batey asks if the woman could look at the emotional photos and still put out of her mind based on what she saw on Netflix. “I’d like to say I can do that but I don’t think anyone can say that until they are in the situation,” she says. Batey moves to have the juror dismissed due to media exposure. Prior agrees. Boyce grants the motion and the juror is released.

4:09 p.m. Next juror takes her seat. She says she has come across some news about the case online. She did watch the Netflix special about a year ago. She remembers there were several suspicious deaths and seeing aerial footage of the land where the kids were found. Batey asks the woman if she knows who owned that property. She believes it was the defendant.

4:04 p.m. Blake has no further questions. Prior wants to follow up with the man. The juror says it would be difficult for him to not make an immediate emotional reaction of wanting assign guilt to somebody if he sees the photos. It could have an impact on him while deliberating. Prior moves to have the juror dismissed for cause. Blake submits to the court’s decision. Boyce lets the man go based on the juror’s responses.

4 p.m. Young father is the next juror. This is the man who said he would have a problem with graphic images. He says he is concerned about it but wants to be impartial and weigh it accurately. He says he would struggle in associating it with his personal situation. He worries he would be emotional in his wanting to seek justice.

3:56 p.m. The man feels he could be impartial and believes in innocence until proven guilty. Prior has no questions at this point. Boyce now discussing death penalty. The juror supports the death penalty but would impose it based on facts, law and instructions in the case. There are no questions from either side. The juror advances. He’s #47. We need three more from this group to advance to get to 50.

3:54 p.m. Next juror takes his seat. Wixom asks the man about his knowledge of the case. He says he’s heard news clips and the name of Lori Vallow. He knows that two kids were the victims and that Hawaii was part of the case. He hasn’t watched any documentaries or programs about the case.

3:49 p.m. No issues on bias or hardship with this juror. Boyce jumps straight to death penalty questions. The man supports the death penalty but would only impose it based on the facts of the case. He would follow instructions given by the judge. He is not in favor the death penalty in every case where a murder has been committed. No questions from either side. Juror #46 advances.

3:45 p.m. No further questions. The juror passes through and is number 45. We need five more to get to 50. Next juror will now take his seat for individual questioning.

3:41 p.m. Boyce defines reasonable doubt to the juror. The man says he has no problems with it. Now he will be asked questions about the death penalty. The man says he supports it but would impose it based on the facts, law and instructions in the case. He is not in favor of the death penalty in every case where murder has been committed.

3:35 p.m. We are back in the courtroom. Boyce is on the bench. Next juror is brought in for individual voir dire. Batey asks the man some follow-up questions based on his responses in the questionnaire. He says he holds a conviction that proof should be beyond any possible doubt whatsoever. Batey asks him to clarify and he says he isn’t sure he’s fully understanding.

3:15 p.m. We will be taking an afternoon break right now. Will be back soon.

3:11 p.m. Prosecutors have no questions for the juror. Prior moves to have the juror excluded for hardship. Boyce asks how being away from her family would impact the woman’s ability to serve on the jury. She says it would impact her negatively. Boyce sustains the challenge and the woman is released.

3:09 p.m. First juror being questioned says it would be extremely difficult to serve on the jury because she has young children. She could find childcare but they also own an insurance business. Boyce says court will be finished at 3:30 p.m. each day but sequestration is possible and the woman would not be able to be with her family for 1-2 weeks.

3:06 p.m. He asks the jurors if they commit not to hold Chad responsible for what they see on the images. The jurors all agree. Prior has no further questions. Individual voir dire will now begin.

3:03 p.m. Prior says he’s going to go into the last subject. “It’s about time, huh,” he says, looking at the clock. He mentions the jurors will see very, very graphic photos. “These pictures are going to hurt your heart. I’m telling you – they are going to hurt you heart. They hurt my heart,” he says.

3:01 p.m. Prior now bringing up the line from the country song – “Everything that glitters is not gold.” He asks the jury what they think that expression could mean.

2:57 p.m. Prior asks if anyone on the jury has been 100% honest their entire time. He says people tell lies all the time and asks the jury if people lie about relationships. Many say yes.

2:53 p.m. Prior says, “I am a lucky man. I have an absolutely gorgeous girlfriend. I think dearly of her and I don’t deserve her. I don’t know if she would marry me or not but we skirt about the issue a lot.” He asks jurors to raise their hands if they think he has made an offer of marriage to her. Nobody raises their hands.

2:50 p.m. Court lost audio on the live video stream for a few minutes. It should be back on. Prior continues questioning the jury on the subject of what an agreement is.

2:45 p.m. Blake has no further questions. Prior will now question the group. Chad Daybell is looking at the jurors. Prior says he wants the jurors to understand there are no wrong answers.

2:42 p.m. Boyce back on the bench and says he will take the motion under advisement but for now, the man stays. Another lady raises her card and says she feels one party can manipulate the other two parties.

2:39 p.m. One man says he has a problem with the conspiracy definition and believes the person would have to actually commit the crime – not just talk about it. Blake asks him a few questions and then motions to have the juror dismissed. Prior asks to approach. Attorneys and Boyce meet on the side of the courtroom while white noise is played.

2:35 p.m. Blake talks about Kansas City Chiefs winning the Super Bowl this year. She asks one juror, “Would you agree that every person on the team should get a Super Bowl ring?” Juror says yes – absolutely. She compares this to the conspiracy aspect of the case and says they will hear about actions taken by Lori Vallow and Alex Cox – but Chad Daybell could still be accountable for the actions.

2:31 p.m. Blake brings up the cheesy eggs. Her son wants his eggs a certain way every day and if she varies from it, he gets upset. She compares this to following court instructions specifically even if they think they know better.

2:29 p.m. The man who raised his hand says he has two very young children and it would be very difficult for him to see the images. He says he would struggle to not make an immediate opinion but would be willing to listen – however he worries he could not be impartial after seeing them.

2:27 p.m. Blake explains some of the evidence will be graphic and disturbing. She asks if this will cause anyone concerns about being on the jury. One man raises his hand, another lady says, “Maybe.” She gets emotional saying that, as a mother, “I might not be able to see it.” She says she can be impartial but can she look at it? “Difficult.”

2:25 p.m. Blake brings up the airplane analogy and the importance of the jury “landing the plane.” The big question is will she next talk about cheesy eggs or preparing a cup of coffee? Stay tuned…

2:24 p.m. Blake explains the jurors need to be brutally honest today with the attorneys and if they are picked for the jury, they need to be brutally honest when it comes to deliberations.

2:21 p.m. Lindsey Blake will voir dire on behalf of the state. She starts by asking the jurors what they think the term “brutally honesty” means to them.

2:16 p.m. Boyce asks if any of the jurors have knowledge of the case. Four members raise their red cards. They will be questioned about their knowledge during individual voir dire.

2:12 p.m. Another juror has a family reunion planed in Alabama for June 4-12. He says he also takes his kids to school as his wife starts her job before the school day. State has no questions. Prior has a few questions but says he will submit to the court. Boyce excuses the juror.

2:10 p.m. Boyce asks if serving on a jury for 8-10 weeks would create a financial hardship for any of the jurors. One man says he spoke to HR and they will only pay for two weeks of jury duty. State moves to dismiss the juror, defense agrees. Boyce excuses the juror.

2:07 p.m. Boyce reads instructions to the jury. He explains they may be dismissed for cause or during peremptory challenges. He tells them not to feel offended or that their honesty and integrity is being questioned.

2:01 p.m. Boyce explains state has the burden to prove Daybell guilty beyond a reasonable doubt. Defendant never has to prove anything and Daybell never needs to take the stand.

1:58 p.m. Boyce says the juror who failed to appear has until 5 p.m. to get here or provide good explanation why they didn’t show up. If that person does not show up or have a reason, they could face a $500 fine and up to five days in jail.

1:56 p.m. Boyce introduces himself and the court staff. Clerk takes roll call.

1:54 p.m. One juror has failed to appear. Boyce asks the 15 who are here to hold up their red cards showing their numbers.

1:53 p.m. The judge and attorneys are back in court. Boyce says the juror they just met with has been excused for bias and hardship.

1:48 p.m. Jury has been seated. There are 15 jurors – 9 men, 6 women. The judge and attorneys leave the room to meet with the individual juror in private.

1:46 p.m. Judge Boyce is on the bench. The next group of jurors will be brought in except one will remain outside and will speak with the attorneys and judge privately.

1:40 p.m. Daybell is now thumbing through papers and reading notes. There are six people in the gallery this afternoon – Madison Co. Sheriff Chief Deputy Vince Kaaiakamanu, three reporters (including me), a college student and Tom Evans, juror in the Vallow case.

1:36 p.m. The attorneys head back to meet with Judge Boyce in his chambers. Chad Daybell sits alone at the defense table with his hands in a praying shape in front of his face.

1:30 p.m. Back in the courtroom. Defense and prosecutors are here. Waiting on Judge Boyce and the jurors.

11:46 a.m. Another group of jurors will return at 1:30 p.m. We will be at lunch until then.

11:44 a.m. Once we get 50, the defense and prosecutors will have peremptory challenges until the number gets down to 18 jurors – 12 jurors and 6 alternates. That could happen as early as tomorrow.

11:43 a.m. Seven jurors from this morning’s group advanced – three men, four women. They will now all be brought back in and advised not to read or watch anything about the case. This afternoon another group of 16 will come in for questioning. The court only needs six more before we hit 50.

11:40 a.m. The juror supports the death penalty in the appropriate context. He says he can follow facts, law and instructions in the case if considering the case. He does not favor the death penalty in ever case where murder has been committed. State has no questions for the man, Prior has on clarifying question but does not move to have the juror dismissed. He advances. Number 44. We need six more.

11:38 a.m. Boyce overrules the motion to have the juror dismissed. Now he will discuss death penalty with the man.

11:29 a.m. Prior has some questions for the man and moves to dismiss him based on bias. State follows up and Batey asks if the man has formed an opinion. He says an egregious crime occurred. He says he didn’t even know the names of people involved and would be able to be fair.

11:27 a.m. Next juror takes his seat. The man says he was aware of the case but he thought it was over. He says all he knows is some deaths occurred and some people went to Hawaii – but he doesn’t know much more.

11:26 a.m. One more juror in this group to question. This has been the fastest moving pool so far this week. Another group will be questioned this afternoon.

11:24 a.m. This juror supports the death penalty. She does not support it in every case where a murder has been committed and will follow court instruction on the issue. State has no questions, neither does defense. Juror #43 advances.

11:22 a.m. New juror sits down. Wixom has a clarifying question for the woman, Prior has no questions. Now Boyce is on to death penalty questions.

11:20 a.m. Prosecutors have no questions, neither does defense. Juror #42 advances.

11:18 a.m. Wood asks a few questions, Prior has no questions. Boyce now discussing death penalty. The juror supports the death penalty but would follow instructions provided by the court and does not believe it should be used in every case where a murder has been committed.

11:15 a.m. Next juror is in. He hasn’t followed the case but recalls seeing some things on the local news a few years ago. That’s the only exposure he has had about Chad and Lori Daybell.

11:13 a.m. Prosecutors have no questions for the juror, neither does Prior. This juror advances. He is #41.

11:11 a.m. Next juror walks in. There are no questions about hardship or bias so we jump straight to questions on death penalty. He supports the death penalty but only when a certain situation comes up – not in all cases.

11:08 a.m. State and Prior have no questions on death penalty for this juror. She advances and is #40.

11:06 a.m. Prior has no questions. Next topic is the death penalty – she supports it if the evidence dictates that death is appropriate. She would follow the evidence, facts and court’s instruction concerning death penalty.

11:05 a.m. Next juror walks in. She knows a little about the case – the reports of the kids missing and their deaths. Wixom has a few questions for the juror. The woman says she doesn’t watch the news, documentaries, etc. and hasn’t read anything online about the case.

11:01 a.m. She supports the death penalty but not in every case where a murder has been committed. State has no questions and neither does Prior. Woman advances. She is juror #39.

11 a.m. Prior moves to have the juror dismissed for perceived bias. Boyce overrules the request. Now he’s asking her about her views on the death penalty.

10:51 a.m. Wood finishes questioning, Prior now asking some questions about media consumption. The woman says she didn’t know there was a Netflix series and doesn’t watch Dateline. She doesn’t watch any news – but reads it.

10:47 a.m. Despite reading a few headlines about the case, the juror says she can commit to not relying on anything she’s read if picked as a juror.

10:44 a.m. Next juror walks in. Wood will be questioning her and reminds her there are no wrong answers. The woman explains she follows missing children stories and once she learned this was a murder, she lost interest. She follows online local news and a few national outlets.

10:38 a.m. The woman agrees with Prior that she has had a lot of media exposure and admits she has probably formed an impression about the case. Prior moves to have the juror removed for cause. Boyce grants the request and dismisses her.

10:35 a.m. Juror says she hasn’t formed any opinions about the case. State finishes their questions. Prior asks the lady if she watched any documentaries. She says she saw the Netflix doc. and watched some of Vallow’s trial.

10:33 a.m. Next juror takes her seat. She wrote on her questionnaire that she followed the case quite a bit and what she understands about the case is from what she learned on the news. She listened to some of the audio from Lori Vallow’s trial.

10:31 a.m. Back to jury selection. This juror supports the death penalty. Prosecutors and defense have very few questions for her. She passes through. She is juror #38. We need 12 more to get to 50.

10:28 a.m. Taking a quick break here to bring you a report about a filing filed late Friday night to delay the trial. Judge Boyce has sealed the document and the trial continues. You can read more here.

10:25 a.m. Rocky Wixom questioning the juror. She wrote on her questionnaire that she works three days a week for a very small construction company. Her boss told her it shouldn’t be a problem. She isn’t concerned financially about serving.

10:23 a.m. Prior finishes with his questions. Individual voir dire will not commence. First juror to be questioned is a woman.

10:21 a.m. Prior tells the jurors they will see graphic photos “that hurt their hearts.” He asks the jurors if the emotion they feel looking at the photos should be immediately taken out on Chad.

10:19 a.m. Prior asks one juror to share her thoughts. She responds, “You had a lot of words in there. Can you clarify?”

10:18 a.m. Prior uses a line from a country song about not everything that glitters is gold. He used this same reference during other jury groups and asks some of these jurors to give their opinion on the phrase.

10:10 a.m. Prior asks the jurors about the media. He says media often puts things out to be sensational and it comes down to making money. “They’re hoping everyone watches what they have to say. They’re hoping this is a way for them to gain readership and the bottom line is it’s all about money.”

10:06 a.m. Prior tells the jurors it’s really important they speak their minds. He says he have some questions that are not designed to make them thing Chad is guilty. Prior tells them if there is anything uncomfortable about what he says, they should tell him.

10:05 a.m. We are back in the courtroom. Prior will now begin questioning.

9:49 a.m. Blake finishes questioning. We are taking a short recess. Back in 10-15 minutes.

9:48 a.m. Blake asks if any of the jurors are footfall fans. She talks about the Kansas City Chiefs winning the Super Bowl and how everyone on the team should get a ring – even the minor players. She compares it to all parties potentially involved in a crime – they are all responsible.

9:40 a.m. Blake brings up the cheesy eggs analogy and how she has to follow a specific recipe. She compares this to following the judge’s instructions with exactness.

9:38 a.m. Blake talking about the importance of “landing the plane” and the jury’s duty in following through the entire trial. She then tells the group graphic autopsy photos will be shown and asks if any jurors will have issues seeing those photos. None of them raise their cards.

9:34 a.m. Lindsey Blake will question the jurors. She begins by talking about being “brutally honest” and asks the jurors what this means to them.

9:29 a.m. Boyce asks if any of the jurors know anything about the case. Three jurors raise their red cards. They will be asked about their knowledge of the case during individual voir dire.

9:28 a.m. The are eight remaining jurors in the pool. Next topic Boyce wants to discuss is whether they have any knowledge of the case.

9:27 a.m. Prosecutors motion to have the juror removed. Prior agrees. Boyce grants the dismissal and the woman is excused.

9:25 a.m. Another juror raises her red card and says she is the primary provider for two young children who are homeschooled. She also runs a five-acre farm where she raises sheep and chicken. Lambing season is coming up. She would also have to enroll her kids in public school and childcare could be an issue.

9:21 a.m. State motions to remove the juror. Prior asks a few questions about the importance of the trip to the man’s family. Prior concurs with the dismissal. Boyce grants the request.

9:19 a.m. Another man raises his card and says the trial would create a hardship. He has a family trip that starts May 25. They have booked plane tickets and hotels. The man says if the trial ends before the trip, that’s fine but rescheduling would be very challenging.

9:17 a.m. The next juror is working two jobs and is in school full-time. She says doing a ten week trial would be difficult to meet school deadlines. State moves to excuse the juror, defense agrees. Boyce dismisses her for cause based on hardship.

9:15 a.m. Next juror says she would be going without income for all but one week of the trial if picked to serve. State moves to dismiss the juror, defense agrees. Boyce lets the juror go.

9:10 a.m. Boyce asks the jurors if they will experience a financial hardship by serving. Three raise their cards. First man says this will hurt his income and family. State moves to dismiss the man, defense agrees. Boyce excuses the juror.

9:08 a.m. Boyce reads instructions to the jury and explains they can not use Lori Vallow’s verdict/case in relation to this case. He talks about the defense and prosecutors being allowed to dismiss jurors for cause. “If you are excused by either side, please do not be offended or feel your integrity is being questioned.”

9:03 a.m. Boyce reads Daybell charges to the jury:

9:01 a.m. In the gallery of the courtroom today: Madison Co. Sheriff Chief Deputy Vince Kaaiakamanu (seated behind prosecutor table), a private investigator (seated behind the defense), and nine members of the media/public including Tom Evans, a juror in the Vallow trial.

8:58 a.m. Clerk conducts roll call. Boyce says two jurors were released based on bias and hardship. A third juror will be returning this afternoon.

8:55 a.m. Boyce back on the bench and attorneys are seated. Judge asks jurors to hold up their red cards which show their juror numbers.

8:50 a.m. The new group of potential jurors walks in. There are 13 – 8 women and 5 men. Judge Boyce asks to have a sidebar meeting with the attorneys. They all leave the courtroom. Chad Daybell is a little more animated today compared to previous days. He’s looking around, moving his hands. Most of the week he’s sat still and looked straight ahead.

8:49 a.m. We ended yesterday with 37 potential jurors in the pool. We need to get to 50 before the defense and prosecutors can begin peremptory strikes to get to 18 — 12 jurors and 6 alternates.

8:45 a.m. Back in the Ada County Courthouse for day 4 of jury selection in Chad Daybell’s case. He is seated next to John Prior, his attorney, in a light colored dress shirt. Madison County Prosecutor Rob Wood, Fremont County Prosecutor Lindsey Blake, Special Prosecutor Ingrid Batey and Fremont County Dep. Prosecutor Rocky Wixom are seated at the prosecution table.