Osage County Murder Trial Underway

He was named Hominy's citizen of the year. Now Roy Westbrook is on trial for murder. He's accused of walking into a local diner and killing a waitress during lunch hour. Both sides basically agree

Wednesday, April 25th 2007, 6:00 am

By: News On 6

He was named Hominy's citizen of the year. Now Roy Westbrook is on trial for murder. He's accused of walking into a local diner and killing a waitress during lunch hour. Both sides basically agree to the facts of the case. Westbrook walked into the Hominy diner and shot and killed 26-year-old Rebecca Clements, but the News On 6â€™s Ashli Sims reports the defense claims Westbrook wasn't sane when he pulled the trigger.

It was a very public crime that shocked the small town of Hominy. A 26-year-old waitress was gunned down in the town diner during the lunch rush. Witnesses told police Clements was shot several times, including at least once in the head. With both the victim and the defendant well-known in the community, it took almost two days to whittle down 600 jurors to 12.

"The court excused a lot of the jurors because they did have personal knowledge,â€ said Osage County District Attorney Larry Stuart. â€œThey had personal knowledge of the witnesses and both the victim and defendant."

Prosecutors say Westbrook killed Clements because of a rental dispute over some property. Just before her death, Clements had written a letter to the editor in the local paper, complaining about Westbrook as a landlord. The prosecution called four witnesses who detailed the dispute, but the defense used their testimonies to paint a different picture of Westbrook, as a model citizen, who was "kind and generous with his time." Westbrook's long-time friend and roommate for 30 years testified that Westbrook was in poor health, depressed and on several medications at the time of the shooting.

"We're gonna call three experts, three physicians and the jury will be able to understand his health situation and his mental status,â€ said defense attorney Clark Brewster.

The Osage County DA said he has about 15 more witnesses he could call, and the defense says it will take them several days to present their case.

Westbrook does face the death penalty.

Watch the video: Diner Murder Trail Begins

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7/19/2005 Hominy Diner Waitress Shot To Death

7/20/2005 Two Murder Charges To Be Requested In Killing Of Pregnant Waitress

7/21/2005 Coping With Tragedy

7/22/2005 Funeral For Hominy Waitress Held Friday

7/25/2005 Hominy Man Charged With Murder Scheduled For Court Today

10/20/2005 Man Accused In Fatal Diner Shooting Ordered To Undergo Evaluation

12/8/2005 Osage County Man Fit For Trial On Charges Of Killing Waitress

4/21/2006 Suspect In Hominy Diner Killing Will Face Trial

5/18/2006 Trial Set For Hominy Murder Suspect

4/22/2007 - Murder Trial For A Former Man Of The Year Begins Monday

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