A Waco man with three prior felony convictions is on trial in the alleged December 2014 sexual assault of a woman at his former home.
Kodell Valentino Foster, 37, is charged in Waco’s 54th State District Court with three counts of sexual assault in a reported incident in the 3100 block of Morrow Avenue.
Prosecutors Hilary LaBorde and Sydney Tuggle and defense attorneys Brian Pollard and Cullen Britain spent most of Monday selecting a jury of eight men and four women to hear the case.
Prosecution testimony is set to begin Tuesday morning.
According to police reports, a woman reported that Foster picked her up while she was walking home Dec. 13, 2014, and asked her to go to his home.
Once there, he reportedly grabbed her and forced her into his bedroom. The victim told police she fought back and told Foster to stop, court documents indicate.
After the alleged assault, the woman picked Foster’s image from a police photo array, according to reports.
Foster has remained in the county jail for 1,045 days because he also is charged with a federal parole violation and is not eligible to post bail.
Court records show Foster has two state felony convictions for possession of a controlled substance and a federal felony conviction for possession with intent to distribute cocaine in 2007, for which he was sentenced to 108 months in prison followed by 72 months of supervised release.
He also has a misdemeanor conviction for possession of marijuana in 2000.
The state is seeking to enhance the second-degree felony charges against Foster, which would increase his potential punishment if he is convicted from two to 20 years in prison to five to 99 years or life in prison.