It may be a holiday, but not in the capital murder trial of Kevin Daigle. On Fourth of July morning there was scarcely a car on the street in downtown Lafayette,but prosecutors, defense attorneys and Judge Clayton Davis were at the parish courthouse to deal with issues between the two sides.
Daigle, 57, waived his presence in court today. He’s on trial for first-degree murder in the death of State Trooper Steven Vincent, who was shot on Fruge Road Aug. 23, 2015.
Jury questioning is on hold until tomorrow, but attorneys for both sides and the judge held court to resolve various motions in the case.
For one, the judge refused to quash the indictment rendered from grand jurors in 2015. The defense argued the list excluded some newly registered voters 18 to 21, because of how often the jury list is updated. The judge denied that motion.
The defense also wants the state stopped from what it calls “prosecutorial misconduct” or making improper statements in closing arguments. The judge says he’ll take that up when the time comes, though the state denies it would do anything prohibited.
And there are other issues to be dealt with as they go along.
Daigle is also accused of killing another man, 54-year-old Blake Brewer, but that case will be tried separately.
If convicted of first-degree murder, the trial will move into the penalty phase when jurors will hear testimony and decide if Daigle should be executed.
The trial was moved to Lafayette due to concerns about whether Daigle could get a fair trial in Calcasieu.
So far, 48 jurors have made it through preliminary questioning which means they are “death qualified” and could fairly consider both life in prison and execution.
However, more prospective jurors will still be picked before a jury and alternates are finalized.
Because the jury will be sequestered or locked up in a hotel, the judge won’t be taking days off. Jury selection is expected to be completed Saturday and the evidence phase is expected to start Sunday.
https://www.kplctv.com/2019/07/04/jury-questioning-kevin-daigle-murder-case-resume-friday/