LIVE UPDATES: 13 men, three women picked to serve on Lori Vallow Daybell’s jury

Lori Vallow Daybell is on trial in Maricopa County, Arizona, on one charge of conspiracy to commit the murder of Charles Vallow, her fourth husband. Nate Eaton is live in the courtroom with updates. Please excuse any typos. Times listed below are in Mountain Standard Time, so they are an hour behind Idaho. (Arizona does not observe Daylight Saving Time.) The most recent updates are at the top.

4:35 p.m. Court is in recess until Monday. Join me tonight on “Courtroom Insider” at 8 p.m. MT to break it all down! Special guest Rexburg Lt. Ray Hermosillo will be joining me.

4:34 p.m. Prosecution and defense clarifying juror numbers with judge and his clerk.

4:31 p.m. Jurors have left the room. Lori has said her advisory counsel would like a headset for the sidebars. Judge says he will see what he can do. Beresky asks parties to show up by 10:15 a.m. on Monday.

4:29 p.m. Judge thanks jurors for their time. Court staff will now show the jurors the jury room. They need to return Monday by 10:30 a.m.

4:27 p.m. State will present evidence first, then defense will present evidence. There will be direct examination, cross-examination, then re-direct examination. Judge will then ask if any jurors have questions of the witness.

4:25 p.m. Judge says alternate jurors will be picked at the end of the case by lottery. Trial will last, at the latest, until May 15. Beresky explains there will likely be delays. Hours will be M-Th from 10:30-4:30 with lunch every day at noon for 90 minutes.

4:24 p.m. Judge explains what jurors should do if they have questions. Beresky now explains what Lori is charged with – conspiracy to commit first-degree murder.

4:21 p.m. Jurors cannot drink alcohol during lunch or take anything that would impair their judgment.

4:20 p.m. The judge has said multiple times that the jurors can not talk about the case with anyone other than say they are jurors and the trial is expected to last 5-6 weeks.

4:18 p.m. Judge tells jurors they can use their phones during breaks but they can not communicate about the case. They can not type notes in their phones or take photos. They can not speak with any person on any subject connected to the trial. “Stop them or walk away” if someone tries to talk with jurors about the case.

4:17 p.m. Judge tells jurors to always wear their juror badge in and around the courthouse. Jurors cannot receive evidence not properly admitted at trial. They should not view or visit the locations where the events took place. They should not look stuff up online. If they have questions, they should be submitted in writing for the judge to review.

4:15 p.m. Judge encourages jurors to take notes during the trial if they want, but tells them not to get distracted by them. Notes are confidential and courtroom assistant will guard them. Judge says rely on memory and don’t be overly influenced by notes. After the verdict, notes will be destroyed.

4:13 p.m. Judge explains all witnesses will remain outside of the courtroom during the entire trial unless they are called to the stand. The rule forbids witnesses from telling anyone except the lawyers what they will testify about.

4:12 p.m. Defendant has a constitutional right to not testify in her trial. Jurors are following along on their paperwork as judge reads the instructions.

4:11 p.m. If the jury thinks the defendant might be not guilty, they can not find her guilty.

4:10 p.m. Judge explains the defendant has pleaded not guilty and the state must prove every part of the case beyond a reasonable doubt. They have the burden.

4:07 p.m. Judge explains objections and says jurors should not try to reason what the answer to the question would have been if sustained.

4:06 p.m. Judge says evidence may be direct or circumstantial. There will be stipulations on evidence that both sides agree should be admitted.

4:05 p.m. “You and you alone are the judges of the facts,” judge says.

4:04 p.m. Judge passes out jury instructions. He is now reading them to the jurors.

4:01 p.m. Jurors are sworn in. Clerk reads the charging document.

4 p.m. There are 13 men and three women on this jury. Four will be alternate jurors.

3:58 p.m. One juror from the group is excused. The rest of the jurors in the rows in the courtroom are dismissed too.

3:57 p.m. Lori is consulting with her advisory attorneys. If the number of jurors removed from this group dips below 16, there are three rows of other potential jurors in the courtroom.

3:55 p.m. During her questioning, Lori asked if any of the jurors would have an issue if she didn’t present a defense. If the state presented theirs and didn’t prove their case, would they have an issue if there was no defense. None of the jurors raised their cards.

3:54 p.m. Lori is done questioning. Judge calls for a sidebar. Headphones and mics are put on defendant, prosecution and judge. This is done as Lori cannot approach the bench as a defendant. White noise is played in the courtroom.

3:54 p.m. “Is there anyone that has an understanding that the judicial system works differently than the way it’s been explained to you today?” Nobody raises their cards. Lori asks if any would have a prejudice if she did not testify. Nobody raises their cards.

3:53 p.m. Lori says this is a case where religious beliefs might be discussed. “Would that be difficult for you?” Nobody raises their cards.

3:52 p.m. Lori says the judge explains what conspiracy is. “If you did not see or hear a specific agreement then would you not be able to make a decision of guilt or innocence,” she asks. Nobody raises their cards.

3:51 p.m. Other jurors raised their cards but Lori moved on to her next question. She starts to ask it but then stops and sighs.

3:49 p.m. Lori asks if anyone has stepchildren or a blended family. Several raise their cards. Treena objects to the question. Judge steps in and asks the juror if he would favor or not favor the defendant because Lori may or may not have a blended family. Juror says he believes in the evidence and his personal family experience won’t change anything.

3:48 p.m. Judge steps in and says the jury’s job is to determine if the state proves its case. Lori asks if anyone feels she is not innocent right now. Nobody raises their cards. Lori is putting on her glasses and taking them off while referring to a yellow notebook on the podium.

3:47 p.m. Lori asks if someone believes she is innocent, could they be strong enough to stand against the other 11? “That’s hard,” she says. Nobody raises their cards. Lori proceeds to tell jurors part of what their job is and Treena objects.

3:46 p.m. Lori says it’s human nature to walk to hear both sides. Lori says a bunch of family dynamics will be introduced into this case and she asks if anyone would have a problem….she stops to look at her notes. “Would anybody have difficulty understanding different family dynamics?” Nobody raises their cards.

3:44 p.m. Lori begins to introduce herself and the judge says, “Hold on. We are just asking questions of the jury.” Lori proceeds to explain the difference between innocence versus guilty. She says it is the state’s burden 100% to prove her guilty. She asks if anyone would have a problem if, at the end of the state’s case and they didn’t prove she committed a crime at all, they would think, “I can’t find you innocent until you told me what happened.” Nobody raises their cards.

3:43 p.m. Treena asks if anyone has something they think we should know that might be relevant to the case. Nobody raises their cards. Treena has nothing further. Lori Daybell will now question the jurors.

3:43 p.m. “Your job will be to determine whether Ms. Daybell is guilty or not guilty. That’s your job. Is there anyone here who is not willing to make that type of decision?” Nobody raises their cards.

3:42 p.m. Treena asks if anyone has strong views about Latter-day Saints, LDS or Mormons – for or against. Nobody raises their cards.

3:40 p.m. Treena asks if anyone on the jury has strong anti-gun feelings. Nobody raises their cards. She asks gun owners if they hear testimony about a specific type of gun, and they think, ‘That doesn’t match what I know,’ will they have an issue with it. Nobody raises their cards.

3:39 p.m. Treena asks if anyone will have a difficult time not telling their family about being on the jury that’s on TV or in the news. None of them raise their cards. Treena talks about the use of a gun in this case. She asks if any of the jurors are gun owners. 10 raise their cards.

3:37 p.m. Treena says this case has media attention. She tells jurors that during the trial, jurors won’t be able to watch anything about the trial or listen to podcasts or speak to family and friends about the case. Treena asks if any of them feel they would be unable to stop themselves from looking at stuff about the case. One lady raises her card. “I believe I would be able to stop myself from further looking it up but what if I have already seen?” Treena says they will talk with her during individual questioning.

3:35 p.m. Treena explains that Daybell is charged with conspiracy to commit first degree murder. Treena says in this case, the state is not saying Lori is the shooter. Treena asks if anyone will have a problem with that – that because Lori is not the shooter, she had nothing to do with it. Nobody raises their cards.

3:35 p.m. Treena asks the jurors if they are going to hold the state to a higher burden because Lori is representing herself – that the state needs to do more than required by law. None of the jurors raise their cards.

3:33 p.m. Treena tells the potential jurors that Ms. Daybell is representing herself and she has the constitutional right to do that. Treena asks if they will give Daybell more benefit of the doubt because she’s not a lawyer. Nobody raises their card. Treena asks if anyone will hold it against the state if they object to things Daybell is doing. Nobody raises their card.

3:30 p.m. One guy works for the city of Mesa. Treena asks what her thoughts are on the police department in Mesa. The juror says he respects them. Treena asks several jurors if they think they would give an officer more or less credibility just because they are an officer and not judge their testimony based on the evidence and testimony of other witnesses. None of them raise their numbers.

3:29 p.m. The group of 17 have completed their introductions. State will now ask follow-up questions to the group. Treena Kay takes to the podium. She says she has some follow-up questions for specific jurors and then broad questions for everyone.

3:22 p.m. As jurors share their information, Lori is taking notes and looking over to them. She smiled when they walked in. Treena Kay is also taking notes as the potential jurors speak.

3:20 p.m. They are also sharing if they have ever served on a jury before. There are 17 people sitting in the juror seats, the rest are sitting in the gallery. This section of questioning will focus on the 17 people in the box.

3:19 p.m. Each of the jurors have a paper with questions in front of them. They are standing and sharing their occupations, marital status and if they have kids.

3:18 p.m. Back in the courtroom. There are 41 jurors left. The goal is to get to 12 jurors and 4 alternates. Beresky is moving along rapidly.

2:59 p.m. Judge now taking a 15 minute recess and tells the jurors not to talk to anyone about the case. There will be some follow-up questions and the group will know this afternoon if they are on the jury.

2:58 p.m. Bench conference is over. Judge listing the numbers of jurors who are excused. Fourteen jurors were on the list and they are now leaving the courtroom.

2:52 p.m. It’s likely the prosecution and defense are working with the judge to strike jurors who will not advance due to hardship.

2:46 p.m. Another juror has a husband who is undergoing a cardiac procedure on April 21. She needs to drive him to the doctor. Judge now holding a bench conference with attorneys. White noise will be played and they will be able to communicate with each other.

2:45 p.m. Another juror has a pregnant wife and five kids. He’s the sole provider and does air conditioning work. He is paid hourly and they can not pay him for jury duty. Judge says court could pay up to $300 per day and asks if that still creates a hardship. Man says no.

2:43 p.m. One juror has a passport interview tomorrow that’s been scheduled for nine months. That won’t be an issue as opening statements are on Monday. Another juror says getting several weeks off from work would be tough as he’s the main delivery driver at a pharmacy.

2:41 p.m. Another lady says she will be traveling for work the week of May 12. It’s already ticketed and she says she could probably not go but it would be frowned upon by her employer.

2:40 p.m. One lady has a mother who was just put on hospice services. She has less than two months to live. Another juror works six days a week and doesn’t think his schedule will coincide with being on a jury. He’s a manager at a barber shop.

2:39 p.m. Another juror has a cousin’s wedding on May 15 and she has a flight to be out of the country the next day. Judge says May 15 is the worst-case scenario for the trial lasting that long.

2:37 p.m. Judge talks about the schedule of the trial and asks if there are any reasons they can not serve. One lady says is pregnant and due in early June. Another juror says she just got a revised work schedule and will be out of town for work on Monday, April 7 – first day of trial. Judge asks if that can be rearranged. She doesn’t think so.

2:36 p.m. Another juror raises his number and says he thinks he worked with one of the other jurors at Popeyes. The other juror says she has never worked at Popeyes. It must be someone who looks like her. Judge says better to be safe.

2:35 p.m. Judge asks jurors to look around and see if they know any other jurors. Two men say they are coworkers. They are often in Teams meetings together and frequently see each other. Judge asks if their work relationship will influence their juror relationship or deliberations. Both say it won’t.

2:33 p.m. Judge says if picked for the case, jurors can’t use the internet to do research and they can’t talk to anyone about the case. He says they can tell others that they are on a jury and how long it will last but nothing more.

2:32 p.m. Another man says he was charged with a misdemeanor but believes he was treated fairly and it won’t affect his ability to serve. Another juror says his cousins have been convicted of murder – one murder of a cop. He says it won’t affect his ability to serve.

2:30 p.m. One lady says she had a misdemeanor charge in the 90s that she does not want to discuss openly. She says it would not affect her ability to serve.

2:28 p.m. Other jurors explain they have family members who have served time or been convicted of crimes. Judge asks each of them if this will affect their ability to be fair. They all say no.

2:26 p.m. Another juror says his cousin was incarcerated for drug and firearm violations. Juror says he hasn’t spoken with his cousin in probably 10 years. Juror says it wouldn’t affect his ability to be fair. Another juror says his dad was convicted of drug charges in 2018. Another juror explains his youngest son was convicted of burglary years ago.

2:23 p.m. Judge asks jurors if they or family members have ever been convicted of crimes other than minor violations. Several jurors raise their numbers. One guy says his estranged brother committed a crime 20 years ago. A lady says her mom was convicted of a crime and spent time in prison when the lady was very young. Judge asks if that would affect her ability to be fair in this case. She says no. Another juror says her dad was convicted when he was 19 for drug charges “a long time ago.”

2:22 p.m. Judge explains a fair and impartial juror will make a decision based on evidence in the courtroom – not based on outside relationships or other evidence, etc.

2:20 p.m. Judge says at one of his trials, a juror said they would be scared to tell their law enforcement spouse if they found the defendant not guilty. Judge questioning a lady in a relationship with a police officer if that would be an issue. She says it won’t. Another juror has an ex-fiance who was a Phoenix police officer and her neighbor is a cop too. She lives near several officers.

2:18 p.m. Another juror is a TSA officer. Judge asks if there is anything about working as a TSA officer that would affect the man’s ability to be fair. He says no.

2:17 p.m. Another juror has an uncle who is a retired police officer. The man and his wife have also worked as correction officers. Another juror has a brother in law school. Each of these jurors say they would follow the court’s instructions.

2:16 p.m. Judge has asked all jurors if they thought the law meant one thing but at the end of the trial, the judge explains what the law really means, will they go with what the judge says rather than what they think. All jurors say they would have no issue with it.

2:15 p.m. A young man raises his number and says his mom works for the sheriff’s office in court security. He also has volunteered with the sheriff’s office.

2:13 p.m. One woman says she worked at a jail and her family members have training in the law. Another lady says she’s married to a retired police officer from Missouri.

2:13 p.m. Judge says jurors cannot ignore instructions in regard to the law. He asks jurors if they, themselves, their friends or spouse has any training in the law. A few raise their numbers.

2:10 p.m. Judge asks if anyone would believe a police officer more simply because they are a police officer and for no other reason. Woman raises her hand. She says she’s not saying they are always honest but she wants to give her fellow officers the benefit of the doubt.

2:08 p.m. Judge asks if anyone disagrees with the principle or thinks it should be different. Nobody raises their numbers. Judge asks if anyone believes defendant is guilty simply because she’s charged with a crime. Nobody raises their numbers.

2:07 p.m. Beresky reviewing principles of law with the jurors and says defendant is presumed innocent. She is not required to produce any evidence or prove her innocence.

2:05 p.m. Judge asks that, after hearing this information, serving on a jury would create a financial hardship. One man raises his hand and says he is unemployed but his wife has been accepted into a PhD program out of state. He’s currently looking for a job in the state where they are moving. Another juror says he’s self-employed and he’s a full-time college student so if he isn’t present, he can’t produce anything for his job. He travels as a dental assistant and owns a cleaning business.

2:04 p.m. Jurors can receive up to $300 of compensation if they are not paid by their employer plus $12 an hour and reimbursement for mileage.

2:02 p.m. Beresky explains that jury duty is important and trusts they will take the matter seriously. He says if they are selected to serve on the jury, they may be eligible for supplemental compensation for missing work.

2:02 p.m. Judge asks if any of the jurors have looked up any information about the case. A handful raise their numbers. Beresky says he will have questions for them a bit later.

2:01 p.m. Lori introduces herself and her paralegal Ana Lina Rameriz (sp?). She also introduces her advisories attorneys – Robert Abernethy and Pamela Hicks. Judge asks the jurors if any of them know these people. None of them raise their numbers.

1:59 p.m. Treena Kay introduces herself, her paralegal Tricia Martinez (sp?) and Det. Nathan Duncan. Judge asks the jurors if any of them know any of the prosecution’s team. One juror raises his number and says his mom used to work for the Attorney General’s office. She moved around to different positions. Judge thanks the juror and says it’s a different office.

1:58 p.m. Judge introduces his judicial assistant and his clerk. He says he will likely have another clerk during the trial too. He explains they keep the official records of the proceedings. There is also a court reporter in the room who takes down everything said in court. Judge asks jurors to raise their numbers if they think they know him or his staff. None of them raise their numbers.

1:57 p.m. Judge asks jurors if any of them have difficulty hearing him. Nobody responds. Judge reminds jurors to use “yes” and “no” – not nod or use “hmmm.” Everyone in the pool is a resident of Maricopa County. Judge introduces himself and his courtroom assistant.

1:54 p.m. As jurors walked into, Lori looked and whispered a few things to her paralegal. The judge is now reading instructions and explaining why jurors need to answer the questions honestly. “Be honest and candid in your answers. Do not be concerned about what the attorneys or I will think of you.”

1:53 p.m. Potential jurors enter the room. By my count, there at 55 jurors. A group of 17 will be questioned first. Beresky walks in and says, “Good afternoon.” Nobody says anything. He repeats, “I said, ‘Good afternoon,'” All the jurors respond, “Good afternoon.”

1:48 p.m. Some may be wondering about the seating arrangements of this courtroom. From the audience view, defense is on the left. Paralegal seated next to Lori at front table. Behind them at another table is Lori’s investigator and advisory counsel. On the right side of the courtroom, Treena Kay is seated next to a paralegal who is next to Det. Nathan Duncan.

1:36 p.m. Prosecution and defense are at their tables. Judge Beresky is not yet on the bench. Lori is chatting and laughing with her legal counsel.

1:30 p.m. Media and members of the public are sitting in a few rows on the left side of the courtroom. The rest of the seating will be used for potential jurors.

1:29 p.m. Lori just walked in with a big smile. She’s wearing a black dress suit with a pink blouse and is holding her paperwork.

1:27 p.m. Back in the courtroom after an extended lunch. Potential jurors will begin filing in shortly for in-person questioning. Judge Justin Beresky wants 12 jurors and four alternates.

11:14 a.m. Court in recess until 1:30 p.m. Arizona time. Be back then.

11:13 a.m. Judge says the projected start date for the Brandon Boudreaux trial will be June 2. That trial will run Monday through Friday, the following week will be Monday through Thursday, and the judge may be gone for training the following week.

11:12 a.m. Judge says even if a jury is seated today, opening statements will not begin until Monday.

11:09 a.m. Judge working out tech issues with the white noise system. Tech staff is being called in to get things fixed. Beresky reminds media we cannot broadcast jury selection. Potential jurors will arrive at the courthouse at 1:15 p.m., and in-person voir dire (questioning of prospective jurors) will begin at 1:30 p.m. today.

11:07 a.m. Judge is testing how a bench conference will work. White noise is played in the courtroom, the judge puts on headphones, and so do the prosecution and defense. The headphones have microphones attached. We can not hear anything except the white noise.

11:05 a.m. During sidebar/bench conferences, white noise will play in the courtroom and in the media overflow room.

11:04 a.m. Beresky believes a jury will be sat and sworn in this afternoon.

11:03 a.m. A reminder that the judge is not allowing cameras in the courtroom during jury selection. There are no other scheduled hearings in the trial this week, but that could change if last-minute motions are filed.

11:01 a.m. The judge will give instructions to the potential jurors, explaining that they need to be fair, and then the prosecution and defense will ask follow-up questions.

11 a.m. Judge completes list and says 62 jurors will be brought up this afternoon. They will be given random numbers and fill the courtroom for in-person questioning.

10:54 a.m. Judge continues to run through the list of juror numbers. Many have hardships or prior knowledge about the defendant. They are excused.

10:49 a.m. One potential juror can’t see far distances and does not feel comfortable viewing some of the evidence in the trial. They are excused.

10:47 a.m. Some of the jurors are advancing from the pool. Others, like college students who have classes or tests, are excused.

10:43 a.m. Lori is seated next to her advisory counsel or paralegal. Behind her, at another table, are her attorney and investigator. Joining Treena Kay at the prosecutor’s table is Detective Nathan Duncan and another prosecutor.

10:42 a.m. “My wife’s boss is the prosecutor on this case,” one potential juror wrote. The person has previous knowledge of the case too. Juror is dismissed for cause.

10:41 a.m. One potential juror is a reporter who has knowledge of the case. They are dismissed.

10:39 a.m. A few potential jurors don’t know English or will be out of town during parts of the trial. One juror suffers from back pain and has to take Tramadol three times a day. Juror is worried they won’t be able to focus. They are dismissed.

10:37 a.m. Judge is reading down a list of juror numbers who have completed e-questionaries. If they advance from this stage of jury selection, they will be brought into the courtroom for in-person questioning. That will begin this afternoon.

10:36 a.m. Other jurors dismissed for hardship or because they have prior knowledge of the case.

10:35 a.m. Beresky says he met with potential jurors this morning in a waiting room. He says one juror approached him and has to get to a dental appointment this afternoon for a broken tooth. Prosecution suggests striking him for hardship, and defense agrees. Juror is excused.

10:32 a.m. Back in the courtroom for day 2 of jury selection in Lori Vallow Daybell’s case. More members of the public here today along with reporters. Judge Beresky is on the bench. 52 jurors have been approved for follow-up questioning. Beresky says an additional 48 jurors have filled out questionaries.

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