Jill_Monier's Blog

Judge just took the bench in Tipton County for 18-year old Alejandro Gauna's murder trial. 96 potential jurors are at the courthouse this morning, nearly double the amount of jurors usually present for a trial because of the attention this case has garnered. A few months agok, Gauna's attorney Blake Ballin had asked for a change of venue because a poll of 202 Tipton County residents showd 63% had heard about the Troopers death and 61% thinks Gauna murdered him. The change of venue was later denied.

Because of the lack of space, we are not allowed inside the courtroom until jurors start leaving.

18-year old Gauna is charged with first degree murder for the shooting death of Tennessee State Trooper Calvin Jenks on Jan 6th, 2007.  The state is seeking life in prison without the possibility of parole for Gauna.

Gauna and his friend 20-year old Orlando Garcia, both of Austin Texas have said in previous court testimony, that they were toting drugs from Texas to Tennessee when Jenks pulled them over for speeding in Highway 14. Jenks was shot and killed. The incident was caught on the dash cam of the troopers car. Both Garcia and Gauna were charged with first degree murder.

In a surprise testimony in juvenile court, Gauna confessed to shooting and killing Jenks. Gauna said trooper Jenks was staring straight at him when he put 2 bullets in his head, he then asked the Jenks family for forgiveness. The judge decided a few months ago  jury will never hear that testimony/confession from Gauna because it was made in Juvenile court.

But the judge ruled the jury will be allowed to hear remarks, Gauna allegedly made to police after his arrest in Nashville a day after Jenks' murder. Accordign to court documents, Gauna told officers that "he had messed up his life by killing that officer" and "you must think i'm a cold blooded killer, i'm not, i have remorse".

In December, Garcia  was convicted of a lesser charge of facilitation of first degree murder. He faces 15-25 years in prison but is eligible for parole after serving 30% of his time. At the time, the Jenks family felt the conviction was not justice. Calvin's father said, "Orlando Garcia will be back to his mother by the time he's 27 years old, we'll never see our son again".

Garcia has not yet been sentenced, his attorney said it could happen this month.  His attorney, Bill Massey says Garcia has been supeonaed to testify in Garcia's trial. Massey says it's up to Garcia, he said he should know by this afternoon.

No word on when a jury will be selected for Gauna's trial, but they will be sequestered during the trial which is expected to last a week.

Gauna's family and the Jenks family are here today.

This morning, Ballin said he still hasn't decided whether Gauna will take the stand.

This is National Police Week. Calvin Jenks name was added to the memorial in Washington, DC this year. His name will be read during a candelight vigil form 8-9pm Tuesday. A wreath sits outside the courthouse in honor of the fallen.