Mark Jensen retrial: Jury set in second trial of alleged antifreeze murder case

Mark Jensen retrial: Jury set in second trial of alleged antifreeze murder case
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KENOSHA, Wis. (CBS 58) -- A jury has been selected in the retrial of the man accused of killing his wife using antifreeze, sleeping pills and suffocation more than 20 years ago.

Mark Jensen was accused of the murder which happened in 1998 in Pleasant Prairie. Prosecutors argued during the first trial in 2008 that Mark Jensen poisoned his wife, Julie Jensen, with antifreeze, Ambien and suffocation. A key piece of evidence at the first trial was a letter Julie wrote and delivered to a friend saying if they found her dead, she suspected her husband did it.

But after appeals and court rulings going all the way to the U.S. Supreme Court, the conviction was vacated, and a new trial ordered without including the letter as evidence.

"It's been deemed that this letter is not going to be admissible because it is in fact hearsay evidence," Attorney Julius Kim of Kim & LaVoy told CBS 58.

A pool of more than 90 potential jurors was cut down to 16, including 12 jurors and four alternates.

They will now retry the case without Julie Jensen's letter. But legal experts say there is still plenty more to use to reach a conviction.

"There was other circumstantial evidence to suggest was part of this entire situation," Kim said in an interview. "Internet searches, also some scientific, medical evidence that has been introduced against him, so it definitely makes it more challenging for the prosecution to secure a conviction but not impossible."

Mark Jensen, now 62, sat alongside his attorneys throughout the jury selection process, appearing to pay attention and smiling at times. Mark Jensen has been in Kenosha County custody since his conviction was vacated because he was unable to post the bond.

Julius Kim added there are benefits and challenges for both the prosecution and defense to go through a second trial, including potential inconsistencies in witness testimony and greater scrutiny on scientific evidence.

But for Mark Jensen, it may be worth going through all over again.

"What does he have to lose at this point in time?" Kim explained. "So, I think that from [Mark Jensen's] perspective, getting another chance at this comes as a relief."

Opening statements are set to be delivered Wednesday morning.

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