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2015 Federal Trialtrial-daytrial-dayjury_instructionsvoir_direDay 20 - February 18, 2015Jury questioning examined prior guilt opinions, death-penalty views, personal connections, and service hardships. The court denied defense cause challenges to Jurors 534 and 536, found Juror 537 substantially impaired, and excused a prospective juror with family connections to Officer Rick Donahue.
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Day 20 - February 18, 2015

Jury Questioning, Death-Penalty Views, and Cause Rulings

Judge George A. O'Toole Jr.
9Proceedings
7Pages
0Witnesses
1,861Lines
6Sidebars
Day 20 of 67

Jury questioning examined prior guilt opinions, death-penalty views, personal connections, and service hardships. The court denied defense cause challenges to Jurors 534 and 536, found Juror 537 substantially impaired, and excused a prospective juror with family connections to Officer Rick Donahue.

Full day summary

Judge O'Toole instructed the venire on the charges and the penalty phase that would follow a capital conviction. He distinguished the burdens for aggravating and mitigating factors, explained the unanimity required for death, and emphasized that a death sentence is never mandatory. The venire was sworn and received restrictions on case discussions, research, and media exposure. Individual questioning explored prior opinions of guilt, sentencing views, personal connections, and service hardships. Jurors 512 and 534 said they could reconsider prior guilt opinions based on the evidence. Juror 520 also said she could set aside her opinion, but later answered 'I think so' when asked whether she could decide solely from trial evidence. Juror 529 said he did not think he could change his guilt opinion, and Juror 548 said she did not think she could set hers aside. Jurors 508 and 512 reported only three days of employer-paid jury leave; Juror 512 also raised uncertainty about health coverage. Juror 547 described childcare hardship. Juror 536 explained that his strongest death-penalty rating reflected a mistaken belief that death followed automatically from conviction, and revised his rating after clarification. Juror 537 described a high bar for imposing death and gave qualified answers about casting that vote, ultimately saying she believed she could if her conscience found it appropriate. The court limited some sentencing questions and permitted others over objection. The court denied defense cause challenges to Jurors 534 and 536, finding the cited connections and social-media activity insufficient to disqualify Juror 534 and finding that Juror 536 had adjusted his understanding after instruction. It agreed to mark eight pages of Juror 534's social-media materials as an exhibit. On the government's challenge, the court found Juror 537 substantially impaired in considering death. It also granted the defense challenge to the prospective juror with family connections to Officer Rick Donahue, citing concern about future encounters after a verdict.

1. Preliminary Instructions to the Venire and Oath

Judge O'Toole instructs the venire on the charges, possible capital sentencing, and juror obligations. The panel is sworn, followed by discussion of juror matters.

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Procedural
Court Convenes for Jury Selection
7 lines
Jury Instruction
Preliminary Instructions to the Venire and Oath
20 lines

Judge O'Toole explains conditional capital sentencing, differing burdens of proof, and prospective jurors' duties before the venire is sworn and questionnaire and excusal matters are discussed.

Highlights

Preliminary Instructions to the Venire and Oathjury eventThe judge explains the conditional penalty phase, contrasting aggravating-factor and mitigating-factor burdens and describing the unanimity required for a death sentence.Preliminary Instructions to the Venire and Oath“You should understand that a jury is never required to find that a sentence of death is justified.”— George A. O'Toole Jr.Emphasizes that a death sentence is not mandatory even if the case reaches a penalty phase.

2. Voir Dire — Jurors 507 and 508

Juror 507 addresses impartiality and willingness to consider either sentence. Juror 508 discusses avoiding news coverage and potential financial hardship from lengthy jury service.

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Voir Dire
Voir Dire - Jurors 507 and 508
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Juror 507 addresses impartiality and both sentencing options; Juror 508 reports potential financial hardship from limited paid jury leave.

3. Voir Dire — Jurors 512 and 517

Jurors 512 and 517 answered questions about impartiality and capital sentencing. Juror 512 raised financial and health-coverage concerns; Juror 517 accepted both sentencing options despite opposing the death penalty. No selection or excusal ruling is recorded.

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Voir Dire
Voir Dire - Jurors 512 and 517
316 lines

Jurors 512 and 517 address social-media exposure, financial hardship, impartiality, and both capital-sentencing options; the defense objects to a prosecutor's question wording.

2 sidebars inside this proceeding
  1. Juror 512's Daughter's Social Media PostsThe defense sought follow-up questioning about Juror 512's family discussions of the bombing and possible awareness of her daughter's Twitter and Facebook posts.
  2. Inquiry at Sidebar CloseThe judge tentatively indicated that sidebar was ending and asked whether counsel had anything on the matter.

Highlights

Voir Dire - Jurors 512 and 517jury eventJuror 512 reported only three days of employer-paid jury leave, anticipated financial hardship, and uncertainty about continued health coverage. She had not clarified pay with the owner.

4. Voir Dire — Juror 520

Juror 520 discusses her prior belief in the defendant's guilt, gives a qualified response about deciding solely on trial evidence, and describes an acquaintance identified as a likely witness.

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Voir Dire
Voir Dire - Juror 520
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Juror 520 addresses a prior opinion of guilt, MIT connections, and an acquaintance with likely witness Henniger; no selection decision is recorded.

2 sidebars inside this proceeding
  1. Juror’s Club Connection to Likely WitnessThe court and counsel discussed a juror’s acquaintance with fellow club member Henniger, whom counsel described as a likely witness.
  2. Juror’s Witness Acquaintance and Collier MemorialThe judge questioned a juror about meeting a listed witness three or four times at Quarter Century Club dinners and the club’s involvement in a Sean Collier memorial.

5. Voir Dire — Jurors 529, 533 and 534

Jurors 529, 533 and 534 face questions about prior views of guilt, work hardship and sentencing impartiality. No explicit selection decision is recorded.

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Voir Dire
Continued Voir Dire - Jurors 529, 533 and 534
427 lines

Jurors 529, 533 and 534 address fixed or revisable guilt opinions, business hardship, social-media activity and capital-sentencing discretion; no explicit selection decision is recorded.

1 sidebar inside this proceeding
  1. Juvenile Reference at SidebarThe judge made an unfinished reference to a juvenile, and counsel acknowledged she had not picked up on that point.

Highlights

Continued Voir Dire - Jurors 529, 533 and 534jury eventJuror 529 says media coverage produced an opinion of guilt that he does not think he can change, regardless of what is presented.

6. Voir Dire — Jurors 536, 537, 538, 547 and 548

Juror questioning on Day 20 addresses death-penalty views, impartiality, and childcare hardship. No explicit selection or excusal decision is recorded.

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Voir Dire
Voir Dire - Jurors 536, 537 and 538
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Five prospective jurors address capital-sentencing views, impartiality, witness connections and childcare hardship; Juror 548 says she cannot set aside her guilt opinion.

1 sidebar inside this proceeding
  1. Sidebar Clarification and Follow-Up QuestionsChakravarty expressed confusion about an unspecified matter, and Bruck noted questions for after the sidebar.

Highlights

Voir Dire - Jurors 536, 537 and 538jury eventJuror 536 explains that his death-penalty rating of 10 reflected a mistaken belief that the sentence was automatic after conviction; after clarification, he places himself probably at 5 or 6.

7. Cause Challenges — Jurors 534, 536, 537 and 538

The court denied defense cause challenges to Jurors 534 and 536, found Juror 537 impaired in considering a death sentence, and granted a challenge concerning family connections to Officer Rick Donahue.

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Procedural
Cause Challenges - Jurors 534, 536, 537 and 538
30 lines

The court rejects defense challenges to Jurors 534 and 536, finds Juror 537 substantially impaired, and excuses a juror with family ties to Officer Rick Donahue.

Procedural
Next-Day Venire Size and Agreed Juror Removals
14 lines

Highlights

Cause Challenges - Jurors 534, 536, 537 and 538rulingThe court rejects the defense challenge to Juror 534, finding that the cited connections and social-media activity do not sufficiently undermine his open-mindedness.Cause Challenges - Jurors 534, 536, 537 and 538rulingThe court denies the defense challenge to Juror 536, finding that he accepted instruction and adjusted his understanding of the capital-sentencing framework.Cause Challenges - Jurors 534, 536, 537 and 538“I actually would reach the opposite conclusion about instructability. I think he took instruction here in front of us and adjusted his thinking accordingly.”— George A. O'Toole Jr.The court explains why Juror 536's changed answers support, rather than undermine, his qualification.Cause Challenges - Jurors 534, 536, 537 and 538rulingAfter competing arguments about Juror 537's willingness to impose a death sentence, the court finds her substantially impaired based on her answers and demeanor.Cause Challenges - Jurors 534, 536, 537 and 538rulingThe court excuses the prospective juror with family connections to Officer Rick Donahue, citing concern about future encounters after a verdict.
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