Day 7 - January 21, 2015

Voir Dire, Capital-Sentencing Instructions, and Juror Challenges

7Proceedings

5Pages

0Witnesses

1,081Lines

Day 7 of 67

Jury selection focused on existing guilt opinions, capital punishment and hardship. The court declined major changes to voir dire, excused Juror 84 after she said she could not vote for death, and denied the defense's challenge to Juror 98.

Full day summary

Jury selection continued with proposed questionnaire-based excusals for hardship, travel and an incomplete questionnaire. Judge O'Toole also raised The Globe's motion concerning court procedures, expressing concern about both defending those procedures and deciding the motion. The government agreed to report back after internal discussion. Defense counsel renewed the defendant's jury-data request; the judge said work would begin promptly but extraction would take time. The judge instructed prospective jurors that a penalty phase would occur only after conviction of a capital crime. He explained differing proof requirements for aggravating and mitigating factors, the unanimity required for a death sentence, and that death was never mandatory. David Bruck sought deeper questioning about jurors' experiences, opinions and sentencing views. The government generally opposed the requests, and the court declined major changes while retaining adjustments for individual jurors. Individual questioning addressed publicity, existing guilt opinions, capital punishment and hardship. Juror 85 said his belief in guilt would persist regardless of the evidence. Juror 90 doubted she could set aside her belief in guilt and described covering hospital shifts for traumatized colleagues after the bombing. Juror 84 said she could not actually vote to impose death. The court later excused her without defense opposition but denied the defense's challenge to Juror 98, finding that his responses and demeanor supported impartiality and consideration of either sentence. The judge also ordered a disputed criminal-record check repeated, planned advance review of possible hardship excusals, and ended the requirement for written follow-up-question filings.

Procedural

Jury Selection Session Opening

2 lines

sidebar

Questionnaire-Based Juror Excusals and Jury Data

40 lines

The court and counsel discussed questionnaire-based juror excusals, the Globe’s motion concerning court procedures, and the defense’s request for updated jury data.

Procedural

Open-Court Explanation of Questionnaire Screening

10 lines

Jury Instruction

Preliminary Instructions on the Capital Trial and Jury Selection

18 lines

Judge O'Toole explained conditional capital sentencing, proof requirements and unanimity, then renewed jury-selection safeguards and restrictions on outside information.

Highlights

Preliminary Instructions on the Capital Trial and Jury Selectionjury eventThe judge explained the conditional penalty phase, differing proof requirements for aggravating and mitigating factors, and the unanimity required for a death sentence.Preliminary Instructions on the Capital Trial and Jury Selection“You should understand that a jury is never required to find that a sentence of death is justified.”— George A. O'Toole Jr.The judge emphasized that a death sentence is not mandatory, even when no mitigating factors are found.

Procedural

Defense Requests for Expanded Voir Dire and Limits on Questioning

6 lines

The court declined major changes to voir dire after the defense sought deeper questioning about juror bias and death-penalty attitudes and the government generally objected.