District Court Chief Judge Ingrid Bakke seated a jury of 12 people and four alternates Wednesday afternoon in the Boulder King Soopers mass shooting case of March 2021.

Jurors are expected to hear opening arguments Thursday morning in the case in which 10 people were fatally shot.

Defendant Ahmad Alissa, 25, has pleaded not guilty by reason of insanity to 10 counts of first-degree murder, 47 counts of attempted first-degree murder, one count of first-degree assault, six counts of felony possession of a prohibited large capacity magazine, and 47 crime-of-violence possible sentence enhancers in connection with the shooting. He is currently in custody in lieu of a $100 million bond.

Defense attorney Kathryn Herold Wednesday asked jurors about their ability to presume Alissa innocent through the duration of the trial, even after they see video surveillance and body camera footage of the shooting.

“What my concern is, if you’re selected, and I don’t do anything, is that you’re going to hold that against me,” Herold said, referring to the burden of proof falling on the prosecution. “I’m just asking people to be honest with themselves.”

Herold also asked the group if a finding of not guilty by reason of insanity would be “sufficient accountability” for someone who planned for months to commit a mass shooting and then committed it.

Attorneys have hinted that jurors will watch video surveillance and body camera footage of the shooting during the questioning. Herold asked potential jurors if they would be able to set their emotions aside when making a decision.

Herold said strong emotional reactions to the video evidence are expected. She said hundreds of people said on jury questionnaires that they would be unable to set aside their emotions if they were chosen to serve as jurors.

Herold also touched on the high-profile nature of the case and asked the group if the outside pressure would impact their duties as jurors if they were chosen to serve.

Defense attorney Sam Dunn asked potential jurors about how their judgment would be impacted if they heard — hypothetically — from a doctor who diagnosed Alissa with schizophrenia prior to the shooting.

The conversation then moved to the topic of race, ethnicity and religion, as Dunn asked the group if Alissa’s identity and background would impact their judgment. Dunn asked if potential jurors believed there was a connection between someone’s cultural identity and his or her access to mental health care or his or her ability to be diagnosed with a mental illness.

Dunn wrapped up by questioning potential jurors about their experiences with bullying and how they would respond to pressure from other jurors in the deliberation room.

Due to safety and privacy concerns, the jurors will not enter through the public entrance to the courthouse and will take breaks in the jury room. Bakke also suggested that any juror who usually shops at the Table Mesa King Soopers avoids the store over the coming weeks.

Bakke said Tuesday that the trial is expected to take three weeks, including jury deliberation.

Due to Alissa’s insanity plea, the guilty nature of the defendant is not up for deliberation. Instead, jurors are expected to deliberate on the sanity of the defendant at the time of the offense.

Police were called to the King Soopers at 3600 Table Mesa Drive at 2:40 p.m. March 22, 2021, on a report of an armed man who had shot a person in a vehicle in the store’s parking lot and was inside the store, according to an arrest affidavit.

Eric Talley, 51, was the first Boulder police officer to arrive. He was shot and killed. Police said Alissa fired at other responding officers before one of them shot Alissa in the leg.

Alissa later surrendered to police. Officers found weapons and tactical body armor at the scene, according to the affidavit.

In addition to Talley, Denny Stong, 20; Neven Stanisic, 23; Rikki Olds, 25; Tralona Bartkowiak, 49; Teri Leiker, 51; Suzanne Fountain, 59; Kevin Mahoney, 61; Lynn Murray, 62; and Jody Waters, 65, were killed in the shooting.

This story will be updated.

How to follow the trial live

Those interested in watching the trial can view it via livestream at live.coloradojudicial.gov or watch in person. However, courtroom benches have been reserved for victims’ families, the defendant’s family and credentialed media.

Readers can also follow reporter Nicky Andrews on X at x.com/nickyandrewss for live updates and visit dailycamera.com for daily stories.

Resources

#BoulderStrong Resource Center, 2935 Baseline Road, will remain open and available to anyone seeking support in coping with psychological or emotional effects associated with the shooting. The center will be open from 10 a.m. to 5 p.m. Monday through Friday. The center offers a multitude of resources including; AcuDetox, art therapy and dog therapy.

During the trial movies will also be shown and snacks will be available to visitors.

The scheduling of certain resources and more information can be found at weareboulderstrong.org.