The original jury in the trial of Robyn Davis and Carol Sissy Saltzman is excused and they start picking a new jury tomorrow. Defense attorneys still argue delays have hurt the women-- accused of murdering Davis's husband Brian.
In November, the trial of Davis and Saltzman came to an abrupt halt-- when the prosecutor became ill. Questioning reveals serving now would pose a hardship for some original jurors.So there will be a new jury.
Still, defense attorneys argue the delay is unfair. Said Defense Attorney Glen Vamvoras, "Our clients didn't commit murder and we want to get this matter over with and we feel like we've had to jump extra hurdles because of the wrongful continuance of the trial."
They say the state has had the chance to beef up their case because of defense strategy revealed last year during taping of testimony of one witness who was going to be unavailable for trial. "They've gone and ran hurdles and hurdles trying to shore up all the problems, which we pointed out, they have now been given time to correct, which, but for the continuance, they wouldn't have had time to do that, said Saltzman defense attorney Shane Hinch."
Said Vamvoras, "The cards were dealt and then the state gets another bite at the apple and since November, they've checked out items of evidence that we introduced. They've retested some. They tested some that were not tested then."
Prosecutor Rick Bryant denies they've been shoring up deficiencies exposed by the defense. "There is nothing in her testimony on direct or cross that we didn't already know. We're under a continuing obligation to investigate cases until they go to trial and that's just part of what we do."
And he disputes that defendants have suffered from the delay. "These defendants are out on bond. They're not prejudiced by anything. The fact of the matter is, we're just getting a new jury. The evidence is the same, the witnesses are the same, the testimony will be the same. There's nothing changed. It's just put off. We have continuances all the time," said Bryant.
At some point the jury is expected to be taken to the place near Deatonville where Brian Davis's body was found. The trial is expected to last two to three weeks.
Jury selection is scheduled to begin at 9 a.m. Judge David Ritchie. They need twelve jurors plus two alternates.