LOS ANGELES (CBSLA.com)  —   The trial of the man accused of killing a Fox movie executive five years ago was supposed to begin Wednesday but was delayed.

A jury was not seated in time, officials said.

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CBS2’s Dave Lopez said that by the end of business Wednesday, a jury of 12 with five alternates was picked.

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Opening statements in the trial of John Lenzie Creech will begin Thursday morning, officials said

Smith disappeared in early May 2012. Despite the fact he was having marital problems, his wife said he wasn’t the kind of man to simply vanish.

For one thing, she pointed to the fact he was a devoted father.

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Smith’s skeletal remains were found two years later, in November 2014.

Creech is a convicted drug dealer.

Investigators said the victim and the alleged killer crossed paths because Smith was in rehab with Creech’s wife. Smith allegedly had an affair with Creech’s wife and they said that was the motive for murder.

Creech admitted the two men had a fight but he maintains Smith hit his head and he panicked.

The prosecution says that Creech’s stance that it was self-defense will be hard to prove. They said there is evidence Smith’s skull was found with a hole in it, indicating he had been shot in the head.

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If convicted, Creech faces a maximum of 25 years to life in prison.