Kelly, accused of murdering 26-year old Jenni McGruder on April 1, 2018, had his attorney Michael Biannucci file a motion to throw out the jury panel due to a low amount of African-American representation.But Judge Scott Shiplett denied that motion.
Bianucci says Kelly, a black man, has a right to a jury of his peers and the right to choose among African-Americans.
Shiplett cited the state and U.S. Supreme Court law in saying that the state can’t challenge a juror selection’s because they are black but those cases don’t directly address a racial imbalance in the panels from which jurors are selected.
He also noted that even with only one African-American juror that’s a larger percentage than the proportional black population of Knox County.
“At this point it seems to me that the defense has not shown that there is a standard deviation or any deviation that would be attributed to anything other than random chance,” Shiplett says.
Shiplett then had the clerk swear in the jurors and released the media and gallery while attorneys went over jury instructions and exhibits.
Specifically he has to decide whether or not autopsy and crime scene photos have value as evidence or if they would have a prejudicial effect on jurors.
Opening statements are expected Thursday afternoon.
