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Kellon Hill murder trial will have to select a new jury

Zharrin Simmons accused of the murder of Kellon Hill head to court.

A new jury for five teenagers accused of murder is expected to be chosen today after the original was discharged an hour after being sworn in.

Moments after the jury was selected and sworn in, a juror revealed he grew up with the mother of one of the defendants.

Puisne Judge Charles-Etta Simmons then discharged the jury after about an hour of legal arguments because the defence and prosecution agreed it was unfair to start the trial with just 11 jurors.

Kellan Jeaurreau Lewis, 17, Kevin Andre Warner, 19, Gary Rupert Hollis, 16, Devon Vonzell Hairston, 17, and Zharrin Frankie Simmons, 17, pleaded not guilty on Tuesday to murdering Kellon Hill.

@$:Lewis further denied possession of a knife, Warner denied having a wooden cane, Hollis and Hairston both denied possession of a protective crash helmet and Simmons denied having a screwdriver, all on August 9 last year.

Mr. Hill was allegedly stabbed to death as he left a late night party at Elbow Beach, in Paget.

Just before the trial was due to start, the juror stood up and told the court he was unable to sit on the jury because he had just realised he knew Hairston's mother, Donna Morgan, but explained he knew her by her maiden name Zuill.

He also said he frequents her neighbourhood to see friends and sell fish.

Mrs. Justice Simmons said: "I think that your responsibility as a person on the list was to ensure that you did not have any personal knowledge of any of these people.

"This is an extremely important role that a juror plays. In the circumstances... I have to discharge you."

Because the trial is expected to last for six to eight weeks, if more than one juror gets sick or is unable to serve any longer, a mistrial would be declared.

The law says a jury can sit with a minimum of 10 jurors.

Defence counsel argued that 11 jurors would not be enough to start the trial but also said the trial shouldn't be delayed much further.

Before discharging the jury, Mrs. Justice Simmons said: "We do intend to recall this case and you have already been vetted and we know that there is no conflict for the 11 of you and because we fully intend to start this case tomorrow (Friday) or Monday, you are subject to be put in the jury pool.

"I must therefore ask you, that [as] we have had some difficulties forming a jury, that you really must not discuss the case with anyone. I ask you to protect the criminal trial process by remaining neutral in this case."

It was decided yesterday afternoon that the 11 original jurors would go back into the jury pool and the jury officer would produce a minimum of 16 potential jurors today — one to fill the 12th seat and the other 15 because each defendant has three challenges.

Mrs. Justice Simmons told the lawyers she expects to have the jury sworn in today, and then give them the weekend to think about whether they know any parties to the case.

@$:Out of Tuesday's 69-strong jury pool, only ten were able to serve as jurors. The other 59 either knew parties to the case, had travel arrangements or were challenged by the defendants.

An additional nine were brought in on Wednesday but that number was whittled down to three, after six were excused.

Three more potential jurors were brought in yesterday morning. One was challenged, one was discharged and the last person was chosen for the jury.

In the photo above, teenagers Gary Hollis (left) and Kellan Lewis accused of the murder of Kellon Hill head to court. Below, Kevin Warner(left) and Devon Hairston head to court.