HAMPTON, Va. — LATEST COVERAGE: Tuesday's live updates and coverage of the Bigsby trial
The Hampton man accused of murdering his son, 4-year-old Codi Bigsby, and hiding his body was in court Monday, for what is expected to be a week-long trial.
Codi's disappearance was reported by his father, Cory Bigsby, on Jan. 31, 2022, from the family's apartment in the 100 block of Ranalet Drive, which is in the Buckroe Beach area of the city. Since then, search teams and community members have banded together at different times to search for the child, but he has never been found.
Bigsby is charged with murder and the concealment of a body, for which he will stand trial March 4 through 8. The fact that Codi's body has never been found will play an important role in the trial's proceedings.
The prosecuting attorneys for the case are Hampton Commonwealth’s Attorney Anton Bell and Senior Assistant Commonwealth’s Attorney Dylan Arnold. On the defense representing Bigsby are Curtis Brown, Amina Mathey-Willard and Kenneth Singleton.
13News Now's Angelique Arintok and Dan Kennedy will be reporting live from the trial each day this week. Stay with us for the latest updates.
5:00 p.m. — Jury selection still in progress, to pick back up Tuesday
The defense motioned at least one more time for a mistrial, due to one potential juror mentioning that someone in the holding area struck up a conversation regarding news of a missing young child.
Curtis Brown, an attorney for Bigsby, argued that would’ve damaged the qualifying nature of the entire panel who was part of the conversation.
Judge James Hawks denied Brown’s motion. The judge said the pool of potential jurors was not instructed at that time to not discuss the case with anyone.
Additionally, the potential juror in question clarified in court that the conversation about the missing child was brought up without the group yet knowing they would possibly be seated in the Bigsby case.
By the end of the first day of trial, 11 members were selected for the smaller pool of 24 people needed for attorneys to select jurors from.
Nearly 70 people reported for jury duty concerning this case on Monday. They were split up, and the questioning of the first batch of potential jurors will pick back up on Tuesday morning. The second batch should return on Tuesday afternoon.
A jury of 12 and two alternates is needed when all is said and done.
3:45 p.m. — Judge denies defense's motion for mistrial
Attorneys continue to question the first group of 34 potential jurors. The second group has been sent home for the day.
Some of the potential jurors are being questioned about prior consumption of media regarding this case.
Several people said they knew about it somewhat through news coverage. Others noted that Monday was their first day ever learning about the case. No one mentioned having formed an opinion about guilt or innocence either way.
Throughout the day, some people were released for various other reasons, including their work, personal schedules or expression of being uncomfortable participating in the jury.
One of Bigsby‘s attorneys submitted a motion for mistrial because one of the potential jurors attended an event that Hampton Commonwealth’s Attorney Anton Bell also attended. However, Bell said in court that he and that potential juror do not have a relationship.
The judge did not grant the defense’s motion.
3 p.m. — Jury selection could continue Tuesday
Jury selection is ongoing.
Sixty-eight potential jurors have been split into two groups of 34. The first group was questioned this morning and in the early afternoon, and the second group is set to enter the jury selection process soon.
That likely means that opening statements will not begin until Tuesday, at the earliest.
Court officials have to whittle down the group to 12 and multiple alternates.
Both prosecutors and defense attorneys are trying to determine any possible bias. They both are stressing the importance of these potential jurors to be truthful in their answers.
The prosecutor asked whether anyone has children or grandchildren around three to four years old. The attorney for the Commonwealth also asked whether anyone would have a problem with the fact this case does not have a body to present as evidence.
On the defense side, Bigsby's attorney asked potential jurors whether anyone has already determined his client's guilt or innocence. The defense attorney also asked whether some people feel uncomfortable about sitting on a jury in a murder trial.
1:30 p.m. — Prosecutors preview details of case, witnesses set to testify
During jury selection, prosecutors said the Commonwealth plans to allege that Cory Bigsby beat his son, Codi, in his head until he died and then discarded his body.
This morning's proceedings also revealed that Codi's mother is set to be the first witness to testify. Cory's other son, who was 5 years old at the time of the alleged murder, is also expected to testify.
11:30 a.m. — Supporters of Codi Bigsby wait outside Hampton courthouse
Supporters of missing Codi Bigsby are filled with emotion as they wait outside Hampton Circuit Court, where trial proceedings are beginning. Several spoke to 13News Now.
"We understand the process, and we've all just really wanted justice. So, we'll wait. We're excited to get to this day, to hopefully get some answers," said Alissa Hendry.
"It's just weird how a young child just vanished. He just disappeared. There's no way. So, we just want to know what happened with Codi," Amanda Randall said.
10 a.m. — Jury selection underway for Bigsby murder trial
Court officials are in the middle of picking jurors, as the first day of trial for Cory Bigsby begins in Hampton.
A Hampton sheriff’s deputy told 13News Now that there is a pool of 68 people that court officials will pick from. They need to select 12 jurors and several alternates for the jury.
Bigsby is inside the courthouse along with his attorneys. Supporters of Codi are also waiting in the wings.
Only a limited number of people are allowed inside the courtroom right now, including 13News Now Anchor Dan Kennedy.
Finding enough jurors for this high-profile case could be a difficult task. Norfolk-based attorney Niki Bailey said court officials need jurors who haven't already formulated their own decisions about the defendant's guilt or innocence.
"You want to be sure a jury can set aside any preconceived notions or set aside any personal biases and listen to the evidence as presented on the day of trial," Bailey explained.
7 a.m. — A look at the road to trial for Cory Bigsby
Codi Bigsby's murder trial begins Monday, a little over two years since he was first reported missing in January 2022.
Hampton police investigators labeled his father, Cory Bigsby, as a "person of interest," shortly after he reported Codi missing.
On February 3, 2022, detectives arrested him on charges of child neglect unrelated to Codi's disappearance. Police said Bigsby admitted to leaving his children home alone multiple times. Mark Talbot, Hampton's police chief at the time, said Bigsby was voluntarily at police headquarters speaking with investigators after filing the missing person report for Codi when he made those admissions.
That was a claim Bigsby's then-attorney Jeff Ambrose denied in an interview with 13News Now.
An internal audit by Hampton Police Division leadership found that Bigsby indicated he wanted a lawyer when detectives were questioning him about the situation involving his son, but that request wasn't honored.
After that, Bigsby was behind bars for months and underwent mental evaluations by a judge's order. He was denied bond several times.
Then in June 2023, a grand jury returned two counts against Bigsby; one for murder and one for concealing a body.
After those two indictments, a judge granted Bigsby an $80,000 bond. It's a ruling which was recently upheld by an appeals court panel.
In November, several correctional officers testified that Bigsby made several possible confessions while at the Hampton Roads Regional Jail. The statements were graphic and disturbing. Although the statements were inconsistent and contradictory, all versions ended with Codi's death or killing.
One of Bigsby's current attorneys, Amina Matheny-Willard, said jail staff tormented her client and coerced the admission. However, a judge decided he would allow prosecutors to use the jailhouse statements in trial.
Bigsby is accused of killing Codi and concealing his body roughly seven months before filing the missing person report to Hampton Police Division, according to court documents.
The trial will also begin just several days before the passage of the Codi Alert bill in Virginia's General Assembly. The legislation now heads to the governor's desk.