Day 15 - February 6, 2015

Judge O'Toole instructed prospective jurors on deciding guilt and, only after a capital conviction, considering death or life imprisonment without release. He explained the differing burdens for aggravating and mitigating factors, the unanimity required for a death sentence, and that jurors are never required to find death justified. He also outlined individual questioning and restrictions on outside discussion, research, and media. Individual questioning addressed death-penalty views, prior opinions, personal connections, and service hardships. The court limited questions seeking advance sentencing commitments and generalized a hypothetical after Juror 355 objected to assuming the defendant's guilt. Juror 353 was excused after stating inflexible opposition to capital punishment. After reviewing Juror 359's social-media materials, the parties agreed to her exclusion; the prosecution expressly limited its agreement to that juror. The court also released Juror 360 following discussion of likely lost income. At sidebar, the court excused Juror 345 because of her Russell family connection while finding her death-penalty answers satisfactory. It denied the defense challenge to Juror 350, finding neither his financial circumstances nor his sentencing answers disqualifying, and denied the government's challenge to Juror 352, finding that she remained open to considering capital punishment despite strong opposition. The court excluded Juror 355 for substantial impairment concerning capital punishment, distinguishing that finding from his criminal-defense work, which alone did not warrant exclusion. A defense filing concerning Juror 318's husband remained unresolved; the judge said he would review it.