Areal Flood Advisory issued April 29 at 10:33PM EDT expiring April 30 at 12:30AM EDT in effect for: Polk
Jury selection began Monday for a second time in the murder trial of a man accused of throwing a 3-month-old boy from a car window on the side of a highway.
Richard McTear Jr., 25, is charged with first-degree murder in the death of Emanuel Murray.
The baby was found dead in May 2009, along the side of Interstate 275 near Fowler Avenue.
McTear argued with the child's mother, Jasmine Bedwell, earlier that morning. During the argument, police said he threw the child to the ground, then grabbed the child and drove off with him.
A mistrial was declared in August 2013, after the victim's mother used inflammatory statements during her testimony.
If convicted, McTear could get the death penalty.
The judge and lawyers began the slow process Monday of trying to determine which jurors were familiar with the case.
During questioning, one woman mentioned that she knew the grandmother of the child who was killed.
"I had heard that the defendant had thrown a baby out the window,” she said.
According to former prosecutor and now defense attorney Anthony Arena, picking the right jury can make all the difference.
"There are a lot of people that believe that picking the right jury is the only thing that can change at this point,” he said.
“The facts are what they are, and they're going to come out,” he said. “It's a matter of how some people may look at those facts."
Once a jury is selected, the trial could last up to a month, according to the judge.