Eight jurors survived questioning this morning and were cleared to sit on the case, while two were excused for cause. Duncan never asked any prospective jurors any questions or objected to any of them, but the judge stepped in and asked additional questions of most of the jurors after federal prosecutors finished their questioning. The two prospective jurors who were excused included one who said he wouldn’t be able to consider any mitigating evidence after viewing a graphic videotape of Duncan abusing a young victim, and one who said he could be fair but wrote in his jury questionnaire, “He should die,” “He deserves nothing” and “In my mind, he dies.” The judge extensively questioned that juror about those answers, prompting the man to acknowledge, “Maybe I don’t have an open mind.”

Duncan sat alone at the defense table, looking bored and mostly looking down. Once, he looked at the clock. His standby attorneys, no longer participating, sat tight-lipped along the side wall of the courtroom behind him. Among the approved jurors was one who wrote in his questionnaire, “I don’t believe in the death penalty, I don’t believe that one person can take the life of another.” He assured the court, however, that he would follow instructions and consider all options. Said Judge Lodge, “I felt that even though he did express some serious reservations, he has assured both sides that he could keep an open mind and ultimately decide the case based on the evidence and the instructions given by the court.” Both sides still will have an opportunity later to exercise peremptory challenges, dismissing some of the prospective jurors without specific cause. Jury selection resumes this afternoon.

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