Day 17 - February 12, 2015

Judge O'Toole explained that jurors would first decide guilt and consider capital sentencing only after a capital conviction. He outlined the differing requirements for aggravating and mitigating factors and emphasized that a death sentence requires unanimity but is never mandatory. He also described protections for sensitive answers during individual questioning and renewed restrictions on case discussion, media exposure, and independent research. Individual questioning addressed publicity, hardship, death-penalty views, and connections to people affected by the events. Juror 418 remained uncertain about setting aside an opinion of guilt and personally voting for death. Jurors 413 and 423 expressed strong opposition to participating in a death sentence. The court declined to require Juror 406 to serve after she described losing employer pay after 20 days. Following a defense objection to a sentencing question, the judge required more general wording and later clarified that questions tracking agreed questionnaire Questions 95 and 96 were acceptable. Juror 427 initially expressed uncertainty about emotional influences but later said her friend's experience and her media-based belief in guilt could be put aside. At sidebar, the court granted the defense challenge, citing her personal connections to affected people despite the government's argument for retaining her. The court denied the defense challenge to Juror 429 and confirmed that Jurors 425 and 429 remained in the pool. Separately, the judge ended Juror 437's questioning after expressions of uncertainty about impartiality, saying the juror might be too close to the situation.