Day 1 of Accused Cop-Killer’s Third Trial

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(Memphis) Potential jurors filed into Judge Coffee's courtroom Monday morning to possibly decide the fate of accused cop-killer, Timothy McKinney, who is on trial for the third time.

"The family is past wanting it to be over, but we're willing to see justice, see its way through whatever that end is," said Vince Higgins, the cousin to former Don Williams.

Williams was gunned down while working security at Crumpy's Comedy Club in the late 90's. Timothy McKinney was convicted of First Degree Murder and put on death row. An appeal landed him a retrial last year, where the jury deadlocked, sources say, because one juror though he wasn't guilty.

While Higgins wants justice, McKinney's attorney says his client is getting the moment in court he's been hoping for.

"He just wants his opportunity to have a fair trial, which he had last year and they couldn't reach a verdict," said Gerald Skahan. "He'll get another fair trial this year. The jury will make a decision and whatever it is, he'll have to be okay with it."

The case is changing though. One of the key witnesses, Frank Lee, died late last year. Though his statements can be read in court, his emotional testimony will no longer be there.

"That is another reason we want this to end because Frank died without knowing the end of this and I can't imagine that," said Higgins.

No matter which way the jury goes this time, Higgins says their family just wants closure and hopes third times a charm.

"We're willing to accept whatever the scales of justice meet out at this point," said Higgins. "We're at spiritual peace with it."

Jury selection is expected to wrap up on Monday. Opening statements will likely begin Tuesday afternoon.