Prosecutors had requested the jury selection process be restarted after 11 prospective jurors -- who were excused April 5 but asked to return Monday -- were not present in court."A mistake was made," said Carolyn McCann, assistant state attorney. She called the situation a"miscommunication" and asked the judge to strike the jury panels, saying it was"better to just start fresh."Circuit Court Judge Elizabeth Scherer granted the prosecution's request.
Attorneys representing Cruz were not allotted time to rebut the judge's decision; it is possible Scherer could reverse her decision after the defense has an opportunity to respond.The jury selection process for the penalty phase of Cruz's trial began April 4.
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