A judge again refused to dismiss charges against the fired Exxon captain charged with causing the nation's worst oil spill.
But the judge did not rule on whether to bar key evidence - results of a sobriety test that skipper Joseph Hazelwood had failed after the Exxon Valdez spilled more than 10 million gallons of crude oil.Hazelwood sat in the courtroom Monday as Superior Court Judge Karl Johnstone dealt with preliminary matters for about 90 minutes. The judge then instructed lawyers to review standard questionnaires completed by about 90 prospective jurors.
The lawyers planned to start questioning the prospective jurors Tuesday.
A jury of 12 will be empaneled, and Johnstone said three or four alternates probably will be selected for the trial.
Hazelwood faces a felony charge of criminal mischief and misdemeanor charges of reckless endangerment, negligent discharge of oil and operating a vessel while intoxicated. The maximum penalty for conviction on all counts is seven years, three months in prison and $61,000 in fines.
Defense lawyer Dick Madson had told Johnstone the charges should be dismissed because federal law pre-empts state law in the case.
"I feel that this show should not go on, at least not here." Madson said. "Federal laws and regulations have covered this (commercial shipping) field for 200 years, and there's a good reason for it," Madson said. He said federal law prevails to guarantee consistent rules from port to port, regardless of the state involved.
But Johnstone denied Madson's motion, saying it lacked substance.
Earlier defense efforts to get the indictment dismissed failed in various courts.
Still pending is a defense motion to prohibit as evidence the results of a blood-alcohol test that Hazelwood failed about 10 hours after his ship struck a reef in Prince William Sound on March 24.
The spill, which blackened shores and killed wildlife, triggered what Exxon calculated was a $2 billion cleanup. Some state officials and others say the work is not over and should continue this spring and summer.
Hazelwood is expected to be present throughout the trial, which is to last six weeks or more.