[B]URLINGTON — Potential jurors were quizzed on their views of mental illness as well as how much media coverage they’ve seen of a highly publicized case of a man facing five counts of murder in a 2016 wrong-way crash that killed five Mad River Valley teenagers.
Attorneys in the upcoming trial of Steven Bourgoin, 38, spent Monday questioning possible jurors one at a time to hear the case stemming from a October 2016 crash on Interstate 89 in Williston.
A pool of nearly 60 jurors were called to the Chittenden County Superior criminal court in Burlington, as the attorneys work this week to seat a panel of 12, as well as four alternates, for the trial set to kick off next Monday with opening arguments.
“We’re here to begin jury selection in the case of the state of Vermont versus Steven Bourgoin,” Judge Kevin Griffin told the dozens of potential jurors gathered in the courtroom Monday morning.
The judge told the jury pool that the state has brought five counts of second-degree murder against Bourgoin, and he has pleaded not guilty to all.
“This is a reminder,” Griffin then said, “the state has to prove the charges beyond a reasonable doubt.”
Each count of second-degree murder carries a maximum sentence of up to 20 years in prison.
Many of the potential jurors Monday said they had seen at least some reports on the case, with several saying their knowledge was limited to information about a wrong-way crash that killed five teenagers.
A few recited incorrect details, while some had greater knowledge of the case.
Chittenden County Deputy State’s Attorney Susan Hardin, a prosecutor on the case, questioned a man who wrote in a questionnaire that he hadn’t heard much about it in the media.
“I’m not a big follower of the news,” the man said, adding, “Obviously, I know of it, but I never really looked into it.”
The man then said he said he hasn’t passed any judgment on Bourgoin and would listen with an open mind if seated on the jury.
“I’m a big believer that you don’t form any opinions until you’ve heard both sides of the story,” the man added.
Another man said he has seen quite a few news reports on the case.
“If it occurred in the media, I watched it,” the potential juror said. “I watch the news every night.”
Chittenden County State’s Attorney Sarah George, another prosecutor, asked that man whether he could still be fair and impartial if selected to weigh the evidence presented during a trial.
“Yes,” the man replied.
When Robert Katims, Bourgoin’s attorney, pressed that potential juror more, the man responded, “I do feel there should be accountability in this case.”
“Regardless of his state of mind?” Katims asked.
“Yes,” the man replied.
Katims is expected to argue that his client was insane at the time of the crash.
To counter that, prosecutors have said they would call Bourgoin’s ex-girlfriend, who is the mother of his child, to the stand where she is expected to testify that he had threatened to use a motor vehicle as a weapon in the past.
Bourgoin, who has been held without bail since his arrest more than two years ago, has appeared at previous court hearings in prison garb with his wrists and ankles in shackles.
On Monday, he sat at the defense table along with his attorneys, dressed in a white button-down shirt and beige pants, with his hair pulled back in ponytail.
The five teenagers killed in the crash were on their way home from a concert at Higher Ground in South Burlington at about 11:50 p.m. Oct. 8, 2016. Bourgoin, heading northbound on I-89 South, crashed his Toyota Tacoma pickup truck into their car going an estimated 79 mph, police said.
The vehicle the students were in burst into flames.
Then, according to police, Bourgoin stole a vehicle from Williston police who had arrived at the scene of the crash. He drove south toward Richmond, turned around, and headed back to the scene, colliding with several other stopped vehicles while going 107 mph, court filings stated.
Prosecutors say toxicology testing revealed Bourgoin had a high level of THC, the active ingredient in marijuana, in his system about eight hours after the crash.
The students killed in the crash were Mary Harris, 16, and Cyrus Zschau, 16, both of Moretown; Liam Hale, 16, of Fayston; Eli Brookens, 16, of Waterbury; and Janie Chase Cozzi, 15, of Fayston.
Four of the five were students at Harwood Union High School in Duxbury; Cozzi was a student at Kimball Union Academy in New Hampshire.
More than 400 potential jurors were sent 13-page questionnaires, asking them, among other things, about what information they already heard about the case and whether they knew of any of the possible witnesses.
The first batch of potential jurors was called in Monday for questioning, with more expected to be called in the days ahead until a jury is selected.
Potential jurors screened Monday included people from many different walks of life, including registered nurses, a driver’s education instructor, a children’s librarian, and a school counselor. Others called to answer questions were a journalist, a florist, and a man who has been studying to become a mechanic.
One man also spoke of the training he had received in accident reconstruction and investigation.
A few talked of relatives they had in law enforcement, with one woman saying she once worked as a dispatcher with Vermont State Police.
“When was that?” George asked her.
“Probably 50 years ago,” the woman replied, adding that she believed she could still be fair and impartial in hearing the case.
Katims, Bourgoin’s attorney, asked several potential jurors about their views on mental health and mental illness.
“if issues like this came up — you could be fair and impartial and weigh these issues?” the defense attorney asked one potential juror.
“I’m certainly aware there are mental health issues, both in my family and in the world in general,” the man replied. “I certainly have no problem listening to it.”
Several potential jurors who said they have heard of the case spoke of the emotions they expected a trial to raise.
One woman was asked what she remember most from the reports she has seen on the case.
“Just the deep sadness of the whole situation,” the woman replied.
“You could separate that out and listen to what comes to you as a juror as presented in this court?” Hardin, one of the prosecutors, asked.
“I think I could,” the woman responded.
Another man with a business in the Mad River Valley talked of his children who played in sports game against Harwood Union High School. He at times waffled over whether he could remain fair and impartial due to his connections to the Mad River Valley community.
He talked of his business contributing money to a charity to support a fund in memory of those killed and recalled a moment of silence prior to a high sports game.
“I remember taking a knee for the families,” he added.
