Matthew Fox
Matthew Fox

Attorneys spent Monday selecting a jury to hear the trial of Matthew Fox, a 21-year-old Lincoln man accused of killing his mother with an ax in 2008.

A court official said he expects opening statements to come Tuesday.

The case is expected to come down to a question of whether Sherry Fox's killing on Oct. 25, 2008, was premeditated or if Matthew Fox was insane at the time.

Lincoln police arrested him that night outside his and his mother's home at 2519 E St. after he waved people down on Capitol Parkway, saying someone should call the police.

When police searched the house, they found Sherry Fox dead on the basement floor with a cut in the middle of her forehead and a bloody ax nearby.

Prosecutors charged Matthew Fox with first-degree murder, alleging he killed her "purposely and with deliberate and premeditated malice."

The state is not seeking the death penalty, but he would face mandatory life in prison without parole if convicted as charged.

Fox's attorney has filed notice of his intent to rely on a defense that Fox was not responsible by reason of insanity.

At a pre-trial hearing, Fox said he didn't remember what happened that night and asked to be allowed to waive his presence during parts of the trial, specifically when autopsy photos are shown.

Lancaster County District Judge Robert Otte allowed the request. The trial is expected to last all week.

Reach Lori Pilger at 402-473-7237 or lpilger@journalstar.com.

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