San Angelo, USA - Lawyers are in the final stages of seating a jury for the trial of Merril Leroy Jessop, 35, a member of the Fundamentalist Church of Jesus Christ of Latter Day Saints charged with sexual assault of a child.
The attorneys have 36 people to choose from to seat 12 jurors and two alternates.
One by one, potential jurors filed into Courtroom A of the Tom Green County Courthouse Tuesday morning to undergo individual questioning from lawyers.
Eric Nichols, lead attorney for the prosecution, asked potential jurors whether they would be able to set aside whatever they have heard about the case and go strictly by what is presented in court.
"You need to put in a box, put to one side, anything you have heard about this case," Nichols said.
One man said he could not do so.
"I really don't think so because I've heard too much," he said. He said he had heard rumors that FLDS members had purchased the Yearning for Zion Ranch outside of Eldorado under the pretense of buying a hunting lodge before they constructed their community on it.
He was dismissed without being questioned by Brandon Hudson, an attorney for Jessop.
Many others interviewed were released after they said they could not consider giving probation if the defendant was found guilty.
"I don't think it's harsh enough," one potential juror said.
At 12:30 p.m., the judge heard and denied a motion for a mistrial filed by FLDS spokesman Willie Jessop, who said he is the sole representative of Merril Leroy Jessop's family and church. He was denied entry to the crowded courtroom Monday.
Willie Jessop said he is Merril Leroy Jessop's cousin and the only family member able to attend the trial.
Willie Jessop, in a signed affidavit, said Merril Leroy Jessop asked to accompany him to the court hearing Monday morning, but he could not get in and sat in the hallway until after a lunch break recess at 1:30 p.m. After several jurors had been excused, the court allowed a couple of law clerks and members of the media to enter, but Jessop said he was turned away again.
He said he nearly got in when a bailiff sent him to an empty seat in the back.
"I then proceeded to the seat, when the judge stated from the bench, 'There is no room in the courtroom.'
"This was the second time today I have been denied access to the courtroom," Willie Jessop said.
Jessop has been to previous criminal trials of FLDS members, including those of Raymond Merril Jessop and Allan Eugene Keate.
"Willie Jessop was denied permission to be seated and observe the jury selection proceedings in Defendant's cause," the motion states.
The motion "moves the Court to declare a mistrial as to any and all proceedings conducted to the exclusion of Defendant's sole representative and supporter ... Willie Jessop."
Monday, the courtroom was loaded with about 200 of the 250 potential jurors summoned. One of the bailiffs said the courtroom was about 30 people over capacity after including the defense team and prosecution attorneys.
After 51st District Judge Barbara Walther made exemptions, 187 potential jurors remained.
Nichols, arguing against the motion, put Willie Jessop on the witness stand and made the case that Willie Jessop hadn't made an attempt to enter after the general questioning of potential jurors.
"At what point would it have been appropriate to enter again?" Willie Jessop shot at Nichols.
Walther intervened, telling Willie Jessop -- who she said may not be fully aware of the court's procedures -- that the witness is not allowed to ask questions