WACO, TX — On Tuesday afternoon, a jury was selected for the sexual assault trial of a former Baylor University football player.
Shawn Oakman was indicted on a sexual assault charge, he is accused of raping a woman in 2016.
The jury selection process for the 26-year-old was expected to start on Monday but it was delayed after 19th District Judge Ralph Strother recused himself from the trial.
This after defense attorney Alan Bennett filed a motion asking for him to step down from the case.
Dallas Judge Mike Snipes was appointed to the case and on Tuesday morning, he had a hearing for the motions filed by Bennett to dismiss the case and disqualify prosecutors.
Bennett argued prosecutors met with 19th District Judge Ralph Strother without the presence of the defense last week to request records to be unsealed.
He claims McLennan County District Attorney’s Office should have filed a motion to ask for the documents to be unsealed.
The McLennan County District Attorney's Office claimed that it asked the judge if subpoenas were unsealed and he replied they shouldn't have been.
Judge Strother testified in the hearing said last Wednesday, the prosecutors approached him while he was in recess for another trial.
He said he had a brief encounter with prosecutors. At that time, Strother stated prosecutors suggested it was improper to seal subpoenas.
Strother said if they were entitled to see the subpoenas, he would unseal the 11 envelopes with the sealed documents.
According to Bennett, the envelopes contained subpoenas but also medical records, which were expected to be used by the defense.
Snipes decided to deny the motions after hearing arguments from both sides.
