Day 18 - February 13, 2015

Judge O'Toole explained that conviction on a capital charge would lead to a separate penalty phase before the same jury. He outlined the different standards for aggravating and mitigating factors and the unanimous findings required for a death sentence, emphasizing that death was never mandatory. The prospective jurors were sworn and instructed against discussing or researching the case. Individual questioning examined prior opinions, personal connections, and willingness to consider both sentencing options. Juror 435 said he would favor death upon conviction regardless of penalty-phase evidence. Juror 444 opposed death but gave differing answers about whether evidence could change her mind; Juror 447 remained unsure she could personally vote for death. Juror 448 rejected automatic death sentencing but said she could not consider defendant-background facts after a finding of preplanned murder. Juror 453 described difficulty setting aside existing impressions. Juror 464 reported a strong prior opinion of guilt and a tendency to give law-enforcement testimony greater weight; questioning ended without an express qualification or excusal ruling. The judge limited questions seeking sentencing commitments and denied the defense challenge to Juror 448, finding she could remain open to either penalty and follow instructions. Juror 454 was told he need not return, without a determination explaining his discomfort. A government proposal to alternate two peremptory strikes at a time remained undecided. The court also discussed press access and expressed an expectation that voir dire transcripts would remain sealed through trial.