Day 23 - February 24, 2015

Judge O'Toole explained that jurors would first decide guilt and consider capital sentencing only after a capital conviction. He outlined the different proof requirements for aggravating and mitigating factors and explained that death required unanimity, was never mandatory, and would bind the judge if unanimously selected. Individual questioning addressed publicity, existing opinions, personal connections, employment hardship, and willingness to consider both sentencing options. Juror No. 612 said he did not think he could set aside his belief in guilt. Jurors Nos. 621 and 646 also described difficulties approaching the case without preconceptions. Juror No. 634 reported that her law firm represented Martin Richard's family. Juror No. 649 expressed uncertainty about personally voting for death, then said he could do so if he concluded it was appropriate. Juror No. 650 described seeing injured people at the hospital where she worked and said she did not believe that experience would affect her impartiality. At sidebar, the court granted the government's unopposed motion concerning Juror No. 623, retained Jurors Nos. 637, 638, and 645 over challenges, and excused Juror No. 649 for impairment concerning the death penalty. The defense noted an exception to that exclusion. The judge distinguished Juror No. 637's openness to reconsidering his ethical opposition from Juror No. 649's pronounced hesitation. With 71 prospective jurors qualified, the court outlined a conditional schedule for completing selection and beginning the case. It also accepted that the three alternate-juror peremptory challenges must remain separate from the twenty regular challenges.