VIERA, Fla. -- Six jurors and two alternates were selected on Tuesday to hear the case against state Rep. Bob Allen.

Allen is accused of offering to pay $20 to perform oral sex on an undercover police officer.

The jury is split with three men and three women. The alternates are both women.

Opening arguments in the case are scheduled to begin at 9 a.m.

Tensions Mount In Jury Selection

A verbal dustup broke out between attorneys for Allen and prosecutors over a question posed to potential jurors, Local 6 News partner Florida Today reported.

Defense attorney Robert Berry attempted to question potential jurors about whether they would be willing to find a defendant not guilty if the State Attorney's Office charged a person under the wrong criminal citation, to which Assistant State Attorney Pat Whitaker promptly objected.

With the jury out of the courtroom, defense attorney Greg Eisenmenger repeated an argument he has made throughout the trial process -- Allen did not solicit sex because the officer made the reference to money and the sex act. Eisenmenger said the state was mixing solicitation with a different subsection of the prostitution charge, and that his client was not correctly charged.

Whitaker disagreed.

"They're trying to condition the jury to cut hairs in their favor," he said.

Eisenmenger said he was offended by Whitaker's description.

"It is perfectly legitimate to see if a jury would be resistant to their defense," he said.

Brevard County Court Judge Oscar Hotusing warned both attorneys about the tensions between the two. Moments later he ruled in favor with the defense, allowing potential jurors to hear the question.

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