MAN’S 2ND MURDER TRIAL OPENS

Charlotte Observer, The (NC)
February 18, 1997Section: METRO Edition: ONEP a g e : 1 C
Jury selection begins today in the second murder trial of Marcus Stuart, who was charged with killing his infant daughter nearly two years ago.
The first trial ended in a hung jury in July.Stuart has been in the Catawba County Jail on a first-degree murder charge since July 1995, when 10-week-old Megan Stuart died of head injuries. If convicted, he could face the death penalty.
Megan Stuart died at Baptist Hospital in Winston-Salem on July 8, 1995. An autopsyrevealed she had several broken ribs, a fractured skull and two broken legs. Doctors testified during the first trial that the baby died from one massive blow to the head.
Stuart’s lawyer, Ted Cummings, said he will take a different approach this time: He plans to introduce evidence that suggests Stuart was not home alone with Megan when thefatal blow was delivered, as prosecutors alleged.
During the first trial, Stuart testified that his wife, Amy, had just left for her job at BurgerKing when Megan started crying. He testified that he picked her up and noticed a strange, glassy look in her eyes. He testified that she stopped breathing, and he calledparamedics.
Assistant District Attorney Jason Par1Cummings also said he plans to address a 1995 police intelView in which investigatorssay Marcus Stuart told them that the child had accidentally fallen while in his care.
Prosecutors wouldn’t say whether they will change their strategy
Cummings asked that the jury not consider a charge of second-degree murder during thefirst trial. He said he will make the same request this time.

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~ by mamadubs on January 15, 2006.

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