Day 19 - February 17, 2015

Judge O'Toole instructed prospective jurors on the separate guilt and conditional penalty phases. He explained the different proof standards for aggravating and mitigating factors, that individual jurors could find mitigation independently, and that a death sentence required unanimity but was never required. Jurors also received instructions about public questioning, sensitive disclosures, and avoiding outside information. The defense sought immediate follow-up on publicity exposure, questions about pre-summons opinions, and less emphasis on hypothetical willingness to impose death. The government defended the existing process. The Court encouraged direct questions and said Question 95 remained useful; no explicit disposition of the publicity-follow-up request was stated. Individual questioning covered sentencing views, personal connections, publicity, and hardship. Juror 446 opposed death but left a narrow possibility of persuasion, while Juror 481 said she did not think evidence could overcome her objection to personally imposing it. Juror 490 said he would hear the evidence but probably begin the penalty phase leaning toward death. Juror 503 acknowledged that hospital emergency-response experience affected his views. The Court limited several questions concerning Juror 487, including inquiries about a child's death and Boston Strong. Some private sidebar exchanges were redacted. At the closing sidebar, the Court rejected the government's cause challenge to Juror 446, distinguishing uncertainty from unwillingness to consider death. It granted the defense's challenge to Juror 489, citing uncertainty about his ability to follow complex instructions and concern about his eagerness to serve.