Five years after a St. Marys Middle School student was found with her throat slit and her face mutilated, jury selection is under way in the trial of the man accused of killing her.

James Miley is accused of killing 14-year-old Ashley Nichole Neeves, whose body was found near the waterfront in St. Marys on May 21, 2000.

The trail was delayed several times, most recently because defense attorneys contested the use of evidence found during a search of Miley's home, taking the matter to the state appeals court.

The defense contends that evidence from Miley's home which allegedly had Neeves' blood on it were not within the scope of the search warrant, and therefore should not be allowed to be presented at trial. The appellate court agreed, and the evidence will not be allowed in the trial.

Miley, who was an 11th-grader at Camden High School at the time of the slaying, knew Neeves. Investigators believe he killed her during a struggle, then hid her body in some bushes.

The state said they will seek the death penalty if Miley is convicted.

The trial is being held in Brunswick. The jury will be selected this week; opening statements in the trial are scheduled for Nov. 7.