New Brunswick

6 jurors selected for Marissa Shephard's 1st-degree murder trial

Six jurors have been selected for Marissa Shephard's murder trial in connection with the 2015 death of Moncton teen Baylee Wylie.

Jury selection started Monday for Moncton woman accused in death of 18-year-old Baylee Wylie

Marissa Shephard, who was seated beside her defence lawyer, Gilles Lemieux, turned to look at potential jurors during jury selection Monday afternoon. (Andrew Robson)

Six jurors have been selected for Marissa Shephard's murder trial in connection with the 2015 death of Moncton teen Baylee Wylie.

The four men and two women were selected Monday afternoon in Moncton's Court of Queen's Bench.

Earlier in the day, Shephard 22, stood in the packed courtroom and in a firm voice pleaded not guilty to first-degree murder and arson with disregard for human life.

Wylie's burned and beaten body was discovered by firefighters on Dec. 17, 2015.

The 18-year-old had been bound in plastic wrap, tied to a chair and severely beaten and stabbed, with up to 200 wounds.

A total of 1,200 people were sent summonses as potential jurors for the trial, which is expected to last between 52 and 67 business days, wrapping up between May 18 and June 8.

Normally, only about 300 people are summonsed for trials in New Brunswick.

But more received summonses this time, partly because of the anticipated length of the trial and widespread publicity about the high-profile case, which has already seen two people convicted of murder in Wylie's death.

Jurors must be able to attend court every day and judge the case without bias, based only on the evidence presented in court.

Jury selection is scheduled to continue Tuesday morning.

The jury selection lineup in Moncton for Marissa Shephard's first-degree murder trial in the death of Baylie Wylie. (Michel Nogue/Radio-Canada)

Given the length of the trial, 14 jurors will be selected, instead of the usual 12, said Justice Zoël Dionne.

There will also be two alternates, but in the end, only 12 jurors will deliberate, he said.

More than 230 potential jurors were lined up outside the courthouse and down the street Monday before 9 a.m., with some questioning why the sheriff's office didn't rent a larger facility such as the Moncton Coliseum to accommodate such a large crowd.

They were seated in three courtrooms, linked by live video feed.

Shephard, who has been in custody for more than two years, was seated beside her defence lawyer instead of in the prisoner's box. She was sporting a white blouse and dark blazer.

Wylie's mother, Amanda Wylie, was not present for jury selection but his aunt Angela Wylie has said they will attend the trial.

"We've been waiting for it a long time."

Court of Queen's Bench Justice Zoël Dionne said the trial is scheduled to last between 52 and 67 business days. (Andrew Robson)

Court clerk Anne Richard randomly drew the 236 numbers assigned to the prospective jurors to determine what order they would be called in to face questions from the judge, Crown prosecutors Annie St. Jacques and Eric Lalonde and defence lawyer Gilles Lemieux.

The first 40 people were expected to be questioned Monday afternoon. The other members of the jury pool were dismissed for the day and asked to return to court Tuesday or Wednesday.

Each prospective juror is being asked four questions related to their prior knowledge of the case, while the others wait in the hallway.

There is a publication ban on any information that would identify the jurors.

The first person brought in Monday afternoon, a young man, was quickly excused from jury duty after he told the judge he believes Shephard is guilty.

Two young women in the jury pool were subsequently selected as "challenge triers." They will listen to what other potential jurors say and can challenge their suitability.

The Crown plans to call 67 witnesses during the trial. Lalonde read the list of names aloud at the beginning of the proceedings to ensure the prospective jurors did not have any conflicts of interest.

Wylie, 18, was killed in December 2015. Two men are serving time for murder, and Shephard, a friend of Wylie's, according to his mother, is to go on trial this week. (Submitted)

Some of the other reasons people can request to be excused under the Jury Act include:

  • The person is aged 70 or older.
  • The  person is unable to understand, speak or read the official language in which the proceeding is being conducted.
  • The person suffers from a physical, mental or other infirmity that is "incompatible with the discharge of the duties of a juror."
  • Jury service would cause "severe hardship" because the person provides care to a child under the age of 14, a person who is infirm or elderly, or a person who is mentally incompetent.
  • Jury service would cause "serious and irreparable financial loss" because the proceeding is expected to last 10 or more days.

Jurors in New Brunswick are normally paid $40 per day, but if the trial lasts longer than 10 days, the fee increases to $40 for each half-day and $80 for each full day, starting on Day 10.

Anyone who wasn't previously excused and failed to attend court on Monday could be held in contempt of court and face a fine of $1,000.

Each prospective juror was assigned a number, which was put in a box. Court clerk Anne Richard then drew the numbers at random to determine the order in which the potential jurors would be called in. (Andrew Robson)

Firefighters discovered Wylie's body under a mattress when they responded to an early morning fire at a triplex on Sumac Street on Dec.17, 2015.

Two months later, Shephard was arrested on a Canada-wide warrant outside a hotel a few kilometres away.

She is the third person to be prosecuted in Wylie's death.

A young man scowling while wearing a backward ballcap.
Devin Morningstar, 21, is serving a life sentence for the first-degree murder of Baylee Wylie. (Facebook)

Devin Morningstar, 21, was found guilty in November 2016 of first-degree murder and arson with disregard for human life. He was sentenced in January 2017 to life in prison with no chance of parole for 25 years.

During his trial, the courtroom heard that Morningstar gave police two long statements, describing drug use and violence leading up to Wylie's death. A pathologist testified Wylie was stabbed up to 200 times.

Tyler Noel, 20, pleaded guilty last May to second-degree murder. The agreed statement of facts presented at his sentencing said Noel attacked Wylie the evening before his death, beating and stabbing him. 

A man with some facial hair wearing a ballcap.
Tyler Noel was sent to prison after pleading guilty to second-degree murder and arson with disregard for human life. (N.B. Crime Stoppers)

Wylie was then left for dead in Shephard's basement, but he managed to crawl up the stairs to the first-floor door, where Noel caught him with his hand on the doorknob. Wylie suffered another beating, which he did not survive.

Noel received a life sentence for his part in the murder. Judge Stephen McNally decided Noel must serve at least 16 years before he is eligible for parole.

Marissa Shephard, 22, of Moncton, has been in custody since March 1, 2016. (RCMP)

Shephard, who has been in custody since March 1, 2016, previously waived her right to a preliminary inquiry.

She is being held at the New Brunswick Women's Correctional Centre in Miramichi. During her time there, she has earned a four-month sentence for spitting in the face of a guard on July 28, 2017.

With files from Kate Letterick