VIRGINIA — Fifteen jurors made it to the St. Louis County Courthouse on Tuesday morning, despite temperatures in the region hitting 35 below.
Within hours, though, the panel was down to just 13 members and a judge was forced to further delay the start of a decades-old murder case that is being tried for the second time.
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Two jurors were unexpectedly dismissed from the 15-member panel selected last week to hear the case of Michael Allan Carbo Jr., the man accused of raping and killing Nancy Daugherty at her Chisholm home in 1986.
The dismissals, which came after confidential discussions with the judge and parties, would have left only one alternate juror in place to hear the case, which is expected to continue for approximately two weeks.
“The worst result for all involved is if we had to declare a mistrial because we did not have a full panel to deliberate,” Judge Robert Friday said.
Carbo, 56, of Chisholm, is accused of first-degree murder and faces a mandatory life sentence if convicted. He was charged in 2020 after investigators said DNA and genetic genealogy technology led to his identification for the first time.
A Hibbing jury in 2022 found Carbo guilty of the slaying, but the Minnesota Supreme Court last year ordered a new trial, ruling that he should have been allowed to argue another man was responsible for the crime.
Dozens of potential jurors filled out questionnaires and were individually questioned by attorneys last week. Felony cases require 12 jurors to deliberate, but it is standard to select alternates in the event any panelists are unable to continue for the duration of the trial.
Opening statements and testimony had been set to get underway, with witnesses including the alleged alternate perpetrator present at the courthouse Tuesday. But one juror reported a medical issue, while another initially did not appear and had to be summoned.
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Judge Friday, the attorneys and Carbo met privately with both jurors in chambers before agreeing that they should be dismissed due to personal circumstances. As the judge had not yet formally sworn in the jury, both sides also agreed to reopen the selection process.
About 14 additional members of the pool are expected to be called in Wednesday for questioning. Barring further delay, Friday advised the panel testimony should begin Thursday.
The Trust Project
