Jury Chosen in Intoxication Manslaughter Trial of Ex-Cowboy Josh Brent

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    The 14-member jury consists of 12 women and two men. Two will be alternates when the trial starts Monday. (Published Friday, Jan. 10, 2014)

    A jury has been seated for the upcoming trial of former Dallas Cowboys player Josh Brent, who's accused of killing a practice squad player in a drunken-driving wreck.

    The 14-member jury consists of 12 women and two men. Two will be alternates when the trial starts Monday.

    Jury Selection Continues for Josh Brent

    [DFW] Jury Selection Continues for Josh Brent
    A jury should be seated soon in the intoxication manslaughter trial of former Dallas Cowboy Josh Brent. Two very different stories will be told to the jury. (Published Friday, Jan. 10, 2014)

    Jury selection began Thursday. Due to the high-profile nature of the case and media exposure, the number of potential jurors was doubled to 120 to make sure an unbiased jury of 12 could be assembled.

    On Thursday, 45 jurors were excused after many of them said they’d followed the case and were concerned about their ability to be fair and impartial.

    The remaining jurors responded to a detailed questionnaire that took four months for both the prosecution and defense to create. The questionnaire is 23 questions long and is designed to gauge potential bias.

    "Sometimes it's very clear on who can be fair and who can't be fair and it's not an agreement thing what it is, is an elimination. Both sides get ten strikes starting from juror No. 1 -- and whoever is left is our jury," said Dallas County First Assistant District Attorney Heath Harris.

    "There are a lot of dynamics to a case like this and the way it has been portrayed and the way many people think this is an extreme oversimplification of this, and I think you're going to see a lot more of that when I begin asking questions," said Brent's attorney George Milner.

    Opening statements in the case begin Monday morning.

    Brent's trial, which was supposed to begin in Dallas last fall, was rescheduled to this week due to the upcoming holidays and the JFK 50 Anniversary. The trial should begin Monday and is expected to last at least two weeks. 

    While awaiting trial Brent has twice tested positive for marijuana use in court-mandated drug tests that were a condition of his bond. Meanwhile, his lawyer George Milner fought unsuccessfully to have Brent's blood test removed from evidence after claiming it was taken without a warrant and was inadmissible. Judge Robert Burns denied Milner's request to suppress the evidence.

    In October, a Dallas grand jury added a charge of manslaughter against Brent. Milner said at the time that he wasn't surprised by the additional count being added and that it could allow a jury to find Brent guilty without finding that he was intoxicated.

    Brent, who, in Aug., 2013, pleaded not guilty to the charge of intoxication manslaughter, faces up to 20 years in prison if convicted. Should he be convicted, his lawyer is expected to ask for probation in the case.

    In 2009, Brent pleaded not guilty to misdemeanor charge of driving under the influence while a player at the University of Illinois, for which he spent 30 days in jail.

    NBC 5's Frank Heinz, Randy McIlwain and Jeff Smith contributed to an earlier version of this report.