Monica Cluck Trial: Day 2

PARAGOULD, AR (KAIT) - Day two started slow as counselors for both sides continued to question potential jururs as they attempted to narrow the pool down to the final twelve.

"It was very difficult.  There were a lot of people here who had been affected by similar issues similar to this, or that had heard about the case and knew a lot of the information and the people involved.  So, I t was a much more difficult case to pick a jury than a typical case," said attorney Randel Miller.

In all, 5 males, 7 females, and 2 alternates would make up the jury's body.

And Cluck's attorney says he wasn't completely pleased with the jury selection.

"Obviously there were some other people I would have liked to have seen on the jury.  It was weighed more heavily with women than men.  I was a little surprised by that," said Miller.

However, after lunch, things picked up with opening statements and the start of testimony.

The first witness to take the stand was Cluck's husband who testified that "he had to find a way to prove she was cheating" and he decided to do so by "setting up surveilance" in his house.

However, her attorney feels the video has other things to show when it comes to her relationship with the boys.

"The videotape will certainly depict the 17 year old boy as being the agressor or the instigator," said Miller.

Later in the afternoon, testifying was the pastor of Marmaduke First Baptist Church where Monica helped with the Singing Hands choir group.   It was noted that the victims were involved in that group and that the church's pastor had spoken with her in the past about her involvement with the young men.   In that testimony Cluck was also noted to be an authoritative figure with the children due to leading the singing hands group.

But her attorney says that doesn't really matter in the grand scheme of things because she wasn't in that role when the act happened.

"The position of trust or authority has to be one that occured at that time of the incident we're talking about.  That she was in a role of authority at the time of the sexual act.  So I think that's the decision the jury is going to have to make on that point," said Miller.

It was also testified by Greene County's Chief Deputy that condoms and other items sent to the state crime lab did test positive for DNA linked directly to the victim.

And the trial will pick back up Wednesday morning at nine with more testimony.

And we'll be there until the verdict comes down.

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