BOISE, Idaho — Alexandra Duggan is reporting from inside the courthouse. Follow for live updates, and her Twitter @dugganreports.
The murder trial in the case against Lori Vallow, aka Lori Vallow Daybell, has begun in Ada County.
Vallow is charged with murder, conspiracy and grand theft related to the deaths of her two children, Joshua "JJ" Vallow and Tylee Ryan, and her husband's late wife, Tammy Daybell, in eastern Idaho. Her husband Chad Daybell is also charged in the murders and will be tried separately in Ada County at a date still to be determined. Prosecutors were previously seeking the death penalty against Vallow but it was later taken off the table by a judge as a way to sanction the prosecution for late discovery disclosure.
Monday starts with jury selection -- 1,800 jurors in Boise were given instructions and a 20-page questionnaire, according to Ada County Administrative District Judge Steve Hippler. Some were disqualified, so the remaining jury pool is summoned to the courthouse for voir dire -- a preliminary questioning session by the defense and prosecution in order to slim down the jury. This could take multiple days. The process will leave a panel of 12 jurors and six alternates.
The trial is expected to last 10 weeks. There are no cameras or audio recording allowed in court, per a court order.
LIVE UPDATES
Update 4:00 p.m.: Third panel of jurors are brought in, three have been excused. Prosecution continues same line of questioning as prior groups. Madison County Prosecutor Rob Wood asks if seeing an autopsy photo that could be "emotionally charged" would hinder their decision, and no one objects. Rachel Smith, an attorney assisting the prosecution, asks a juror -- as a parent -- if she were to tell her kids to stay away from the cookie jar, but came in to see cookie particles on their child's face, would it be reasonable to assume the child had eaten the cookie? Smith explains the analogy of hinting to circumstantial evidence.
Update 3:45 p.m.: Susan Ryan, a spokesperson for the prosecution, said between the state and the defense, they just need to have 42 potential jurors. Once that happens, the others will be dismissed. From those 42 people -- remains those 12 jurors and six alternates who will be picked to decide Vallow's fate.
Update 3:30 p.m.: Ada County Fourth District Judge Steve Hippler said the reason the public and media is not allowed to see individual voir dire is because it could be "traumatic" if a juror is discussing, hypothetically, the death of a child. But, after concerns made by the press, the camera feed will now be turned on for jurors answering questions about media exposure on the case -- making only part of the individual voir dire unsealed from the public.
Update 3:07 p.m.: Second panel was in private, off-camera, individual voir dire. It's still somewhat unclear why those not apart of the jury are not allowed to see individual voir dire. It's believed nine jurors remain on the second panel. State and defense both pass that panel.
Update 1:12 p.m.: Next jury panel has entered, and five jurors have been excused due to family illness, lack of housing and time off work. Prosecution and defense both ask the same questions they asked the previous group.
Update 11:54: a.m.: Two more jurors were excused during individual voir dire for reasons unknown. The state and defense have "passed" the first jury panel, placing them on standby to be called back. Court breaks for lunch for 30 minutes and the second jury panel will be questioned.
Update 11:15 a.m.: Jim Archibald, Vallow's attorney, has asked for some jurors to be dismissed due to hardships. One more juror was dismissed because she is an active military member whose training is scheduled in May. Archibald's questions "focus mostly on pre-trial publicity," he says. Individual voir dire has begun with those who have had media exposure of the case before trial -- and the cameras are currently off for privacy. The rest of the jurors were moved to a seperate room so they aren't exposed to anything other jurors may know about the case.
Update 10:45 a.m.: State prosecutors have questioned the jury. Rob Wood, the Madison County prosecutor, indicated the jury may have to see autopsy photos and there are underage children involved, which could provoke an emotional reaction. Rachel Smith, assisting the prosecution, has asked many questions about whether or not jurors would be able to convict someone based on circumstantial evidence, and if they could convict someone based on Idaho law for conspiracy if they didn't commit "every single part" of the crime. Smith also asks if the jurors could believe an expert who knows the manner of death of a victim was homicide, but cannot determine exactly how the victim died. No jurors indicated they had a problem with any of these possibilities. Smith also slightly touched on how true crime television shows could affect how a jury sees actual evidence.
Update 9:45 a.m.: Jury selection has begun. Vallow is seen next to her attorneys wearing a black shirt with her hair curled. The jury is reminded that the burden of proof to show guilt beyond a reasonable doubt lies with the state, not the defense.
Only two jurors have been excused due to the hardships of being able to serve for 8-10 weeks. One excused juror said his work policy only allows for 14 days of jury duty. The other said he has a non-refundable vacation expense. "Several" jurors, according to Fremont County Judge Steven Boyce, indicated they have not heard of the case against Vallow until they were summoned last week.
Update 8:40 a.m.: Media and the public are seated in a viewing room inside the Ada County Courthouse. No one is allowed to see the individual juror's faces, but multiple cameras are set up in the courtroom for a live feed in order to hear the questions asked by the defense and prosecution. The feed will go dark when individual voir dire is taking place in order to not compromise the juror's identities. John Prior, Chad Daybell's attorney, is currently seated inside the viewing room.
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