Richard McTear's second trial begins - WFLA News Channel 8

Richard McTear's second trial begins

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Richard McTear Jr. arrives in court on Monday, July 14. Pool photo Richard McTear Jr. arrives in court on Monday, July 14. Pool photo
File Photo: McTear crime scene File Photo: McTear crime scene
File Photo: Jasmine Bedwell File Photo: Jasmine Bedwell
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  • Mistrial in Tampa baby-throwing case

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    Monday, July 14 2014 4:25 AM EDT2014-07-14 08:25:48 GMT
    A judge granted a mistrial Tuesday morning in Tampa courtroom in the case of a man accused of throwing a baby out of a car.
    A judge granted a mistrial Tuesday morning in Tampa courtroom in the case of a man accused of throwing a baby out of a car.
TAMPA, FL (WFLA) -

It’s a story Tampa Bay will never forget – a horrific murder case where a 3-month-old baby, Emmanuel Murray, was thrown from a moving vehicle onto I-275 nearly five years ago. The infant’s body was found near the interstate. Richard McTear, Jr is accused of throwing the baby out of the car that day.

Then, he uttered the words that would become forever associated with this case, “It’s a dirty game.” He made the comment to reporters when he was arrested.

Last year, jurors were only one day into McTear's first murder trial  before a mistrial was declared. The words of McTear's former girlfriend, who is the baby's mother, helped to put an end to that trial.

Jasmine Bedwell made a statement on the stand that the judge had ruled would not be allowed. It was enough for a mistrial.

Related Story: Defense requests mistrial in McTear muder case

Today begins round two for McTear, and prosecutors are seeking the death penalty in this trial.

Hillsborough prosecutors and McTear's attorneys are going now going through the task of selecting a new jury, a process that should last roughly a week.

However, jurors groaned when Judge William Fuente told them, “This trial could last four weeks.”

A jury pool of 200 entered into the court Monday morning and half quickly raised their hands when asked if they had heard of the case. Many people said they had heard about McTear on television or had read articles about the cae. Judge Fuente gave a stern warning to potential jurors not to talk about the case or discuss the case on social media.

Prosecutors claim, and must prove beyond a reasonable doubt, that McTear is responsible for throwing the baby out the window on I-275.

One woman who works at a local hospital was released this morning during the jury selection process when she said she had contact with Emmanuel Murray’s grandmother. The potential juror was asked, “In your mind, is this man guilty?” She answered, “Yes.”

Another man was asked by attorneys if he felt as though McTear was guilty. The man answered, “Very possible. Very probable.”

In sharp contrast, another man told Judge Fuente, “He’s innocent until proven guilty.” The judge asked the man to come back tomorrow to continue the jury selection process.

Attorneys are in phase one where they are asking potential jurors if they have formed an opinion in the case and whether or not they could give Richard McTear, Jr. a fair trial.

Related: 'Baby's gonna get it too,' mom says McTear said

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