Updated 08/26/2010 05:31 PM

Uncooperative defendant, informed jurors slow trial's pace

By: Kate Gaier

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CHARLOTTE -- Numerous potential jurors were dismissed Thursday, the second day of jury selection in the murder trial for Demetrius Montgomery, the man accused of killing Charlotte-Mecklenburg police officers Sean Clark and Jeff Shelton in 2007.

The pool of jurors fielded questions ranging from whether they own a gun to if they have ever been a victim of a crime. A half dozen were excused after admitting they knew a lot about the case from following the news and had formed an opinion.

“It's hard to get jurors who haven't been exposed to media coverage and haven't been affected by it,” said Mindy Sanchez, of the Charlotte School of Law.

Before the questioning even began Thursday, proceedings were delayed because Montgomery once again decided not to change out of his orange jumpsuit. A day earlier, he appeared in court in dress clothes and a tie for the first time.

After a brief meeting with his father, Montgomery still refused to change. The defense argued Montgomery's appearance could sway the opinion of potential jurors, but the judge ruled to proceed, saying “we're not going to have this daily begging situation.”

“A jury will be swayed or is more likely to make the assumption of guilt by observing a defendant in the jumpsuit. That's actually the reason the judge instructed the jury today to ignore defendant's attire,” said Sanchez.

The judge also ordered Montgomery to wear handcuffs and leg restraints because “a lack of cooperation could be potential danger.”

As jury selection continued, the allegations of another shooter other than Montgomery arose again. Another prisoner accused Octavious Elmore of killing the two officers. One of the jurors who may know Elmore’s grandmother, a potential witness, was dismissed.

“They’d probably not want that type of juror on the jury because they have a relationship of some kind or know a witness. It gives the appearance of improprieties, an appearance there is a bias already,” Sanchez said.

Jury selection will continue Friday.