Longoria's motion for change of venue denied

February 08, 2012|By Kim Hynes & Anne Meyer | KWCH 12 Eyewitness News

(GREAT BEND, Kan.) — A judge denied Adam Longoria's motion for a change of venue Monday afternoon according to a court officer.

Longoria’s attorneys spent most of a hearing last week talking about things they wanted for his March murder trial. Longoria is charged with killing 14-year-old Alicia DeBolt in August of 2010. Her burned body was found at an asphalt plant, where Longoria worked.

Longoria's attorneys wanted his trial moved to another county. It was the first motion to be discussed in court.

During the hearing on the change of venue motion, the judge heard from the managing editor of the Great Bend Tribune newspaper, describing what the paper has covered on the Longoria case so far.

The judge also heard from Shirley Drew, a professor at Pittsburg State University. Drew described a study she conducted of about 400 resident in Barton County to what how many already had knowledge of the Longoria case and how they felt about it.

Drew said her study found all 400 resident polled were familiar with the case. She said 95% of those questioned indicated that they thought Adam Longoria was guilty.

Prosecutors also questioned Drew about her study. She said she found residents through the phone book but doesn't know if the survey included people with cell phones. Drew said her study has a 4% margin of error.

Prosecutors suggested that Drew's survey was not a good representation of the entire Barton County community.

They also said that the law supports keeping the trial in Barton County. Prosecutors argued that speculation that Barton County residents are biased about the case is not enough to move it, arguing that potential jurors could still do the job when given instructions, evidence and testimony.

Longoria's defense argued several other motions as well last Wednesday. They want to limit access to electronic devices during the trial and deliberations. They fear a juror could access information on the case. The judge says they will develop a policy pertaining to electronic devices at a later date.

The defense also asked if jurors who are poor or with children could be paid more money for their service. The judge says it's a privilege to be a juror, so she will not change the statute. Jurors will receive the same compensation as all other trials.

Longoria's attorney also filed a motion to limit the emotion DeBolt's family shows in front of the jury. The judge says emotion is something that cannot be controlled.

Longoria's trial is scheduled for March 26th.

Below is a recap of Eyewitness News Reporter Anne Meyer's live interactive blog of the court proceeding.

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