Woodward, Okla. —
Following the second day of testimony, both the defense and prosecution remained optimistic about the progress of the case.
Scimeca told The News that his client, "Mr. Yelloweagle is happy with the presentation of today's evidence."
When asked why, since all the witnesses who testified did so on behalf of the state, the defense attorney said, "we think it showed some serious problems with the state's case."
However, Scimeca said he couldn't elaborate as to what those problems might be.
But the prosecutors didn't seem worried.
"We're pleased we got as far as we have today; we've gotten lots done and we look forward to wrapping the case up and getting it to the jury," ADA Boring told The News.
Both Boring and Scimeca said they have "a goal to get this to the jury by Friday afternoon."
A CHANGE TO THE JURY
Before any testimony was heard in the second day of trial on Wednesday morning, one of the original 12 jurors impaneled in the case had been excused from service.
The first alternate moved up into his place, now making it a 5-woman, 7-man jury with one male alternate remaining.
Judge Bozarth explained that Juror 11 was excused after it was discovered following the first day of trial that the juror had previously pleaded guilty to a misdemeanor, but failed to make his record known during the jury selection process on Tuesday.
“The state thought that he was disingenuous because he didn't reveal his prior dealings with the District Attorney's Office and with our criminal justice system. They felt that disqualified him from serving as a juror,” Bozarth told The News. “We made the determination that since he hadn't been forthright about his past, he would be excused from service.”