Potential jurors spoke with the defense Wednesday morning about the possibility of serving fairly and impartially on a jury in the case of the mass shooting at a King Soopers in which 10 people were fatally shot in March 2021.

The group reconvened in courtrooms G and E at 9 a.m. Wednesday to continue jury selection in the case of Ahmad Alissa, a 25-year-old man who pleaded not guilty by reason of insanity to 10 counts of first-degree murder, 47 counts of attempted first-degree murder, one count of first-degree assault, six counts of possessing a prohibited large-capacity magazine and 47 counts of aggravated criminal violence sentence enhancement in connection with the shooting.

He is currently in custody on $100 million bail.

Defense attorney Kathryn Herold spent the morning asking jurors whether they could presume Alissa was innocent throughout the trial, even after watching surveillance and body camera footage of the shooting.

“My concern is that if you get elected and I do nothing, you’ll hold it against me,” Herold said, referring to the burden of proof on the accuser. “I just ask people to be honest with themselves.”

Herold also asked the group whether finding someone not guilty by reason of insanity would be “sufficient responsibility” for someone who spent months planning a mass shooting and then carried it out.

Defense attorneys suggested jurors would watch surveillance footage and body cameras during the hearing, and Herold asked potential jurors if they would be able to put their emotions aside as they made their decision. Herold said strong emotional reactions to the video evidence are expected, and he said hundreds of people have said in their juror questionnaires that they would not be able to put their emotions aside as a juror.

Herold also addressed the high-profile nature of the case and asked the group whether outside pressure would impact their duties as jurors.

Court adjourned for the afternoon until 11 a.m. Defense attorney Sam Dunn was expected to begin questioning the group.

On Tuesday, Chief District Judge Ingrid Bakke briefed Boulder County residents on the circumstances of the case, the anticipated trial schedule and a list of victims and potential witnesses who may testify.

Anyone who had concerns about their inability to serve on a fair and impartial jury or who felt that serving would cause significant hardship approached the judge and attorneys. Deputy District Attorney Ken Kupfner then asked the group questions before closing around 4:30 p.m.

Once the jury has taken its seats, opening statements are expected to begin.

Bakke said Tuesday that the jury selection process is expected to be completed by the end of the week. Bakke said the trial is expected to last three weeks, including jury deliberations.

According to Bakke, there will be 12 people on the jury, and candidates will be able to choose from four options.

About 200 potential jurors were summoned to the Justice Center last week to fill out questionnaires. Prosecutors and defense attorneys in the case reviewed the questionnaires to help shorten the time it will take to select jurors in person.

Due to Alissa’s finding of insanity, the hearing will be held on an insanity basis, meaning that the consideration will not be the defendant’s guilt, but his sanity at the time of the crime.

According to an arrest affidavit, police were called to the King Soopers store at 3600 Table Mesa Drive at 2:40 p.m. on March 22, 2021, for a report of an armed man who had shot a person in a vehicle in the store’s parking lot and was inside the store.

Eric Talley, a 51-year-old Boulder police officer, arrived first and was shot and killed. Police said Alissa fired at other responding officers before one of them shot Alissa in the leg.

Alissa later surrendered to police. Officers found a gun and a tactical bulletproof vest at the scene, according to the affidavit.

In addition to Talley, those killed in the shooting were Denny Stong (20), Neven Stanisic (23), Rikki Olds (25), Tralona Bartkowiak (49), Teri Leiker (51), Suzanne Fountain (59), Kevin Mahoney (61), Lynn Murray (62) and Jody Waters (65).

This story will be updated.

How to follow the process live

Those interested in watching the trial can watch it live on live.coloradojudicial.gov or watch in person. However, the courtroom has been reserved for victims’ families, the defendant’s family and accredited media.

Readers can also follow reporter Nicky Andrews’ live coverage on X at x.com/nickyandrewss, and visit dailycamera.com for daily stories.

Resources

#BoulderStrong Resource Center, 2935 Baseline Road, will remain open and accessible to anyone seeking support in dealing with the psychological or emotional impact of the shooting. The center will be open from 10 a.m. to 5 p.m. Monday through Friday. The center offers a variety of resources, including: AcuDetox, art therapy, and canine therapy. There will also be films shown during the process, and refreshments will be available for visitors.

For a schedule of individual resources and more information, visit weareboulderstrong.org.

Originally published: September 4, 2024 at 8:37 AM