By JOHN GREEN

Special to The Hays Daily News

GREAT BEND -- Barton County District Judge Hannelore Kitts will rule Monday on a request to move the trial of Adam Longoria, charged with capital murder in the death of 14-year-old Alicia DeBolt, from Great Bend.

Kitts heard arguments Wednesday by Longoria's defense, which introduced a phone survey overseen by a professor at Pittsburg State University which indicated a potential bias against Longoria.

The court heard nearly two dozen motions during the day-long hearing, though numerous more remain to be heard at a future unscheduled date.

Longoria, 37, is set to stand trial March 26 in Barton County on charges in connection with the death of the former Hays teenager, whose burned body was found Aug. 24, 2010, at an asphalt plant southwest of Great Bend where Longoria worked. Prosecutors allege the slaying followed an attempted sexual assault.

The venue survey included responses from 401 randomly selected people in the Great Bend area. Of those, 97 percent of the people were familiar with the case when asked a question about it, and 100 percent when given one or two more cues about the case, testified Shirley Drew, a professor in the college's department of communications who said she'd done similar surveys in a number of prior murder cases.

The survey found 75 percent of the people responding perceived Longoria as guilty. The survey also showed a majority was paying attention to the case in the news.

From those findings, based on "social judgment theory," Drew testified, "it's more likely they'll form an opinion, and it's unlikely that opinion will change."

"From posting on Facebook, we can see the people of Great Bend are posting and commenting on his guilt, and they hope he gets what he deserves," added defense attorney Jeffrey Wicks. "This case has been covered extensively, and the discussion indicates people have made up their minds.

"This study and documentation show it's very unlikely that can be undone and that shifts the burden on the defense, which can't happen," Wicks argued. "The only way we can ensure it's fair is a change of venue, where the people are not as familiar with the case."

Prosecutors asserted individuals surveyed hadn't been given instructions on whether to disregard what they had heard about the case and, based on extensive Kansas case law, the defense didn't present sufficient reason to move the trial.

"The people of Barton County deserve to have this heard in Barton County," said Kevin O'Connor, representing the Kansas attorney general's office. "Nothing's been shown that they can't be good jurors and able to follow the law. We should presume the jurors are willing and able to follow their oath."

While Kitts didn't immediately rule on the venue motion, she did address the majority of motions heard Wednesday, including denying a motion to dismiss the case based on alleged prosecutorial misconduct for the state releasing intimate case details in motions filed by the state.

Kitts found most of the details, though widely reported by the media immediately after release of the motions, also were made public during two preliminary hearings in the case, and they were appropriate for the arguments the state was making.

On a motion to "enjoin the victim's family and friends from sitting directly before the jury and from showing emotion in the courtroom during trial," Wicks conceded the motion was overly broad and his intent was to ensure family and friends who might be upset by testimony be warned prior to the testimony so "there would not be a mass exodus before the jury."

The judge noted the state's victim/witness coordinator had rapport with the family and would manage the issue.

"I can see them (family), and I can step in if necessary," Kitts said. "That's a logistical thing that can be talked about without a court order. The issue is moot."

On other motions, Kitts ruled:

* To allow admission of an Aug. 26, 2010, voluntary interview of Longoria by a police detective and Kansas Bureau of Investigation agent, though an audiotape of the interview would be limited to the portion before the KBI agent left the room with his recorder.

* The state will reveal any "deals" made with witnesses for their testimony, none of which currently exists, Wicks advised the court.

* The judge denied motions to prevent the state from asking witnesses if they were paid for their investigation and subsequent testimony, and requiring the state to provide background data on potential jurors.

* The judge advised the state to inquire of law enforcement whether it had a list of people in the community affiliated with gangs, and if so, to check it against the state's witness list.

* The judge granted a defense motion "to regulate (the) state's reliance on body language as a rationale for peremptory challenge" in dismissing jurors.

* Kitts said she will develop a policy prior to trial dealing with the use of electronic devices ­-- particularly cellphones -- by jurors.

* The judge denied a motion the state provide a list of exhibits it will offer at trial, but asked if the state made such a list, she be provided a copy.

* The judge granted at least four sealed motions without discussing their contents.