WACO, Texas — Twelve jurors were selected Tuesday in the sexual assault trial involving a former Baylor football player accused of raping a woman after a night out at a Waco bar.
Shawn Oakman hugged his family before he entered the McLennan County Courtroom.
Lawyers representing former defensive end Shawm Oakman filed a motion on Monday to have the judge at the time, Judge Ralph Strother, removed from the case citing biased behavior, his inability to be impartial and the fact the Strother granted a motion to allow the prosecution unseal records without notifying the defense.
Strother recused himself from the case.
Former Dallas County Criminal District Court number 7 Judge Mike Snipes was appointed to the case following Strother's recusal, according to executive assistant to the criminal district attorney Tom Needham.
The defense also pushed to have the case dismissed with prejudice and to disqualify prosecutors. The motion was denied Tuesday.
During a two-hour hearing, Oakman's attorney Allen Bennett said judge Strother unsealed the victim's medical records, which not only gave prosecutors access to the files, but also made them available for public viewing.
Bennett said those sealed documents played a big part in his defense theory.
Judge Snipes said he salutes Bennet's efforts, but denied his request and agreed to reseal the medical records.
When jury selection started, Bennett requested the jury, not the judge, decide the punishment phase if Oakman is found guilty of sexual assault.
The former football star could face two to 20 years in prison. If the jury sentences Oakman to 10 years or fewer, they can recommend probation.
Testimony for the trial starts Wednesday at 9 a.m.
Earlier this month, Oakman’s lawyers requested a change of venue, saying Oakman would likely not receive a fair and impartial trial in McLennan County because of the publicity surrounding the case.
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