By Melanie Posey
BIRMINGHAM, AL (WBRC) - A jury was seated late Monday afternoon in the re-trial of Maurice McCarty. McCarty is one of three men who were charged with the death of Kayla Fanaei.
Fanaei was killed in the early morning hours of October 8, 2007. Gregory Hill plead guilty to a lesser charge in December 2008.
Alfred Marina is still awaiting a trial. Marina's will come once McCarty is either acquitted or convicted. This is third trial for McCarty. His first one ended in September 2009 when the jury failed to reach a unanimous verdict.
In January 2010, Judge Teresa Pulliam declared a mistrial after a witness said something inappropriate on the stand. On Monday, about 45 potential jurors were questioned. Kayla Fanaei's mother Robin was in the courtroom and says she'll do all she can to get justice for her daughter. "She was a lot of strength. She was the strength behind me," Fanaei said. "And she wouldn't want me to give up. And I feel like it sometimes. But that's not an option." Opening statements will begin Tuesday morning.