Terrence Elliott, 34, of Lobelia could face the death penalty if the jury convicts him of murdering Alice McLeod McCrimmon. He is charged with first-degree murder, rape, burglary, larceny and possession of stolen goods.
For more than a week, Elliott, dressed in a navy suit, sat next to his defense attorneys Bruce Cunningham and Arthur Donadio as they and prosecutors questioned 194 prospective jurors.
Elliott would often lean over to talk with his attorneys, sometimes smiling and laughing with them. Elliott’s mother, Geraldine Elliott, and another relative sat quietly two rows behind the defendant.
About five of McCrimmon’s family members sat several rows behind District Attorney Garland Yates and Assistant District Attorney Warren McSweeney.
On Tuesday, Elliott spoke less and appeared more serious.
At about 4:30, the jury of 11 women and four men was sworn in and McSweeney began his opening arguments. He told jurors what they would witness in the coming days — details about McCrimmon’s injuries, as well as testimony from a medical examiner and family members.
McSweeney spoke briefly about how Donald McCrimmon found his grandmother’s naked body at her home on Feb. 9, 2001.
“But the story really begins on Jan. 28, 2001,” McSweeney said.
That’s when Elliott broke into McCrimmon’s home, beat and raped her, McSweeney said.
Donadio reminded the jurors that Elliott’s life was in their hands.
“What you are going to see and hear about is a terrible tragedy,” Donadio said. “But as you hear the evidence, remember what the DA told you you would see. Keep an open mind. Keep the burden on the state.”
The jury selection process was originally expected to take about four days. But Judge James Webb dismissed a pool of 22 prospective jurors for misconduct early last week. Some of prospecitve jurors in that group discussed the case and their beliefs about the death penalty with each other. There was also a shortage of prospective jurors.
Of the 534 Moore County residents summoned for jury duty last week, 336 failed to report.
Late Monday afternoon, the second alternate was picked and the selection process appeared to be over. But one of the jurors chosen last week told the court he changed his mind about the death penalty.
“When I really started thinking about it, I could not decide whether or not someone lived or died,” the man told the court.
Webb dismissed him.
On Tuesday, after that juror was replaced, another, who was chosen earlier, told the court his mother was ill. If she died, he said he would have to attend her funeral out of state.
Webb decided to keep that juror and get a third alternate.
At that point, there were only nine left to choose from in the jury pool.
If the court had run out of prospective jurors, Webb said he would have ordered the sheriff to go out in the streets of Moore Counta there were four left in the pool.
Prosecutors will begin presenting their evidence this morning.
