The jury has been seated in former Tulsa police officer Shannon Kepler's fourth murder trial.
Prosecutors called defense attorney Richard O'Carroll out for attempting to strike every African American from the jury.
O'Carroll repeatedly tried to strike one African American woman, claiming her job as a social worker would not serve his client well.
The judge ruled that it did seem like O'Carroll was purposefully trying to keep African Americans off the jury and allowed the woman to be seated anyway.
O'Carroll immediately asked for a mistrial, saying the judge was "abusing her discretion."
The judge denied that as well.
There's also an African American woman serving as an alternate.
Opening statements start Thursday morning.
They started with 60 people in the jury pool Wednesday.
Kepler is charged with murdering Jeremey Lake in 2014.
This case has gone to trial three times and all three trials ended with hung juries.