Death row inmate Timothy McKinney, who is accused of killing off-duty Memphis Police officer Don Williams on Christmas night in 1997, is being tried in court for a third time.
Officer Williams was working security at a Memphis comedy club on Christmas.
McKinney's case went to trial for a second time in 2012 because the jurors could not reach a unanimous decision in the initial retrial.
MORE: Memphis murder case could be retried
As he walked into the courtroom Tuesday afternoon at 201 Poplar Ave., McKinney knew exactly what to expect. What's different this time for jurors hearing his case is that one of the prosecution's key witnesses won't be in the courtroom.
Jurors heard audio recordings from Officer Frank Lee, another Memphis policeman who is now deceased.
"He fired a couple of shots, I fired a couple of shots," Lee's voice said in the courtroom. "He opened the door and the inside dome came on and I saw him then."
Lee was working with Williams the night he was shot, and before his death, Lee identified McKinney as the killer.
In a question asked to Lee: "Are you sure he's the one who did the killing?" He responded, "completely."
But Lee's now recorded testimony could present a problem throughout this trial. Jurors presented a question to the judge about Lee's testimony that simply won't be answered.
McKinney was convicted of first degree murder in 1999. However, that conviction was overturned and McKinney was granted a retrial in 2012. A hung jury in that trial meant McKinney would appear in court for a third time.
Jurors also heard from Williams' widow, Sharon Williams.
The trial will continue Wednesday at 10 a.m.
WHBQ-TV | Fox 13
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