Lawyer: Memorial will be removed from LaBarre farm
BRENTWOOD, N.H.—A memorial to one of Sheila LaBarre's murder victims will be removed from her property when jurors visit the site.
Peter Eleey, an attorney for family members of Michael Deloge and Kenneth Countie, says the memorial to Countie will be removed when the jury visits the Epping property for LaBarre's trial. He says family members have agreed to it, and that it would be restored after the visit.
Jury selection started Monday.
LaBarre has admitted the state has enough evidence to convict her, but is claiming she was insane when she murdered Kenneth Countie in 2006 and Michael Deloge in 2005. Instead of having to prove murder, LaBarre will have to prove insanity to avoid a life in prison and be sent instead to a psychiatric ward, where her status would be reviewed every five years.
Before testimony starts, jurors will travel to the horse farm where the men were killed. Countie's friends and relatives have created a memorial around a tree on the property, with flowers, notes and other items. LaBarre's lawyers said it should be temporarily removed because it would prejudice jurors.
Inside Rockingham County Courthouse, nearly 90 potential jurors listened as Judge Tina Nadeau read a list of questions, including whether they knew or were related to any of the people involved in the trial, or had a problem determining whether LaBarre was insane at the time of the killings. Another 110 showed up for the afternoon session.
Nadeau said there is no legal definition of what constitutes a mental disease or defect, but the jurors may consider a number of factors when making their determination. These include the nature of the defendant's acts, whether she was suffering from delusions or hallucinations when committing the crimes and whether she knew the difference between right and wrong.
The jury may also consider whether LaBarre acted impulsively or planned the murders ahead of time and used cunning to escape detection.
Jury selection is expected to last a week. Eighteen people will be selected -- 12 sitting jurors and six alternates.
LaBarre was taken to the courthouse on Monday morning, but did not attend the initial jury hearings. Her attorney, Jeffrey A. Denner, said the procedures were not major hearings and they determined it was not necessary for her to attend. LaBarre was taken back that morning, he said.
The court will begin the second stage of jury selection on Tuesday during which potential jurors will be questioned for about 15 minutes by Nadeau, the prosecution and the defense.
Nadeau told the potential jurors that the court will likely begin hearing evidence on Monday, May 12, and that the trial will likely last four weeks.
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