"The judge felt there was this over-exposure of media coverage. By having individual voir dire, you get to hone down with each individual juror the individual biases and prejudices that each person may have. You get to spend a lot more time talking to each individual juror," Tritico said.During a pre-trial hearing at the end of last week, attorneys discussed whether certain pieces of evidence will be admitted, including surveillance video of a robbery.
As those in the jury pool were questioned about how much they know about the case, 1/3 said they'd heard local news coverage about it. At least two people told the judge they have already formed an opinion and can't be impartial. "I don't know that, allowing that in or not is going to change the outcome of the case. It doesn't seem to be that pivotal piece of evidence that the state absolutely needs to get a conviction," Tritico said, adding that the video hasn't already been used in one of the previous trials.
With only a few months to prepare for the third trial, legal analysts say they don’t anticipate the defense changing their strategy.In the last two trials, the defense has attempted to point the blame at Armstrong’s brother, Josh. But without a verdict, there’s no limit on how many times the case could go to trial; each one costing both parties a lot of money and resources. "The most I've ever heard of was four until they finally got a conviction on the capital murder case.
"If they can't do it on this trial, somebody needs to sit down and decide, are we ever going to be able to do this? Or and should we spend any more resources chasing after this case?" Tritico said.
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