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St. Maries murder trial delayed

David Cole | Hagadone News Network | UPDATED 11 years, 8 months AGO
by David Cole
| March 13, 2013 9:00 PM

ST. MARIES - Opening statements won't begin as scheduled today in a second-degree murder trial after a jury couldn't be seated Tuesday from a pool of more than 100 people.

Joseph D. Herrera, 29, of St. Maries, was to be tried for the shooting death of 18-year-old Stefanie A. Comack, his girlfriend, on Christmas day 2011. Herrera has pleaded not guilty and says that he accidentally shot Comack with a handgun at his parents' house at 319 S. 14th St. in St. Maries.

Benewah County Prosecutor Doug Payne said too many of the prospective jurors had connections to Comack's and Herrera's families and others tied to the case.

"Too many people knew too many people," Payne said after the jury selection process was called off Tuesday.

Both families have been in the community a long time, Payne said.

The trial was supposed to last through this week and most of next week, he said. His office planned to call more than 20 witnesses.

Payne said a hearing is scheduled for March 22 during which 1st District Court Judge Fred M. Gibler likely will decide what to do now.

There are two options.

One, a larger jury pool could be summoned, possibly as many as 150. Or, the trial could be moved to somewhere like Kootenai County.

"There are a lot of reasons to not try here again," Payne said. "It takes a lot to get all these people in one place at one time."

He said only a few of the prospective jurors were disqualified because they had been exposed to details of the case in the media.

Payne said it's most likely the case will be moved to a neighboring county.

To complete the jury selection process on Tuesday, the two sides needed to find at least 38 people with no connection to the case and little to no exposure to the media coverage of it.

From the 38 impartial jury candidates, the prosecution and defense would be allowed to knock-off a dozen people each as the sides exercise their "peremptory challenges." That would leave a jury of 12 with two alternates.

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