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10 jurors picked for Melanie Curtin retrial; opening statements could come later Tuesday
LIVINGSTON — Ten jurors had been selected by midday Tuesday to hear the retrial of a woman whose previous conviction on a first-degree rape charge was set aside when an appeals court said the judge had stacked the deck against her.
Melanie Curtin had been sentenced to life in prison, but faces lesser charges of simple rape and video voyeurism. She was drawn into the case as prosecutors pursued former Livingston Parish deputy Dennis Perkins and his wife for sex crimes involving children. Curtin's alleged offenses do not involve minors.
Lawyers and District Judge Brian K. Ables are picking 12 jurors and two alternates for the retrial, and opening statements could occur later Tuesday.
The case is being prosecuted by the state attorney general's office, which had wanted the courtroom cleared when a woman was called to testify about what she previously described as a sexual assault while she was unconscious. Curtin's lawyers argued to keep the courtroom open, saying an "open trial discourages perjury," and the state Supreme Court agreed.
Earlier, the 1st Circuit Court of Appeals had said Ables abused his discretion by closing the courtroom, finding there was no "substantial reason for excluding the public from the courtroom during the adult victim's testimony."
At Curtin's previous trial, the media and public were barred from the courtroom when the videotape of the purported assault was played for jurors. That might still occur in Curtin's second trial, but not during testimony.
After Curtin's initial conviction in 2021, the 1st Circuit said the lower court erred by admitting evidence too prejudicial against the defendant and rejecting material that would have benefited her.
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Perkins and his wife, Cynthia, were arrested in October 2019 and ultimately faced 150 counts alleging they raped two children and an adult, produced child pornography and served schoolchildren baked goods contaminated with a bodily fluid. Perkins is serving 100 years in prison after pleading guilty to a variety of charges, and Cynthia Perkins was sentenced to 41 years.
During the first day of jury selection Monday, Abels asked potential jurors if they knew of any of the witnesses who may testify, including Perkins.
Throughout jury selection, prosecutors asked potential jurors whether they understood the meaning of consent and simple rape. Curtin's defense questioned the jury panels with questions like, "Does anyone feel she wouldn't have been here if she didn't do anything?", "What does an innocent person look like?, "If Curtin doesn't testify, does that mean she's guilty?"
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