STARKVILLE — For 40 minutes Monday, defense attorney John Zelbst recounted the resume of Dane Davenport, saying the trooper accused of molesting a teen served the Mississippi Highway Safety Patrol more than 20 years without a complaint and reached the rank of master sergeant.

Zelbst also recounted the service of Davenport, 46, in the Army and to his church before saying the defense will provide testimony that will undermine the credibility of both the accuser and his mother.

The opening statement to jurors was interrupted several times by prosecutors’ objections about the content and the method of Zelbst’s statements. The objections led to sidebars with Circuit Judge James Kitchens at the bench as well as discussion in open court.

After Kitchens dismissed the jury for the day at 4:30 p.m., he warned the lawyers for both sides that objections will be heard and ruled on in the courtroom, but debating his rulings in the presence of the jury will not be tolerated — “or another lawyer will try the case.”

Davenport, a Vicksburg resident, faces 15 years in prison if convicted of the charge — one count of fondling a child younger than 16. His accuser, as well as the boy’s mother who said she witnessed the incident, are expected to be among the prosecution’s witnesses starting today.

The jury of seven women and five men was seated in Oktibbeha Circuit Court about 3:30 p.m. Monday. Circuit Clerk Angie McGinnis said the initial jury pool of 200 had been narrowed to about 70 by excuses of age, health and hardship.

After initial instructions to the panel by Kitchens, lead prosecutor Brandon Ogburn spoke less than 10 minutes, explaining the charge and telling the jurors they will hear testimony about the incident from both the boy, now 15, and his mother.

Davenport has had one mistrial in Starkville and one in Warren County, where jurors could not reach a verdict on similar charges made by the same teen and his older brother. The case is scheduled to be retried May 11.

The earlier trial in Starkville, on Oct. 27, ended when testimony was given that Kitchens had ruled inadmissible.

Hoping to head off similar problems, Kitchens heard pretrial motions Jan. 23 to hash out all potential admissibility problems, especially related to the other accusations in Warren County.

Zelbst leads a defense team that includes Chandra Holmes Ray, Michael Cupit and Austin Vollor.

Prosecuting attorneys Ogburn and Jean Vaughan were joined by another attorney, Cindy Eubanks. Jan Schafer, spokesman for Attorney General Jim Hood, said Eubanks is with the Department of Human Services.

Davenport was indicted in Warren County and in Oktibbeha County in January 2008 for offenses alleged in the separate venues. He has been on unpaid administrative leave since.

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Contact Pamela Hitchins at phitchins@vicksburgpost.com.