Kan. judge rejects bid to move murder trial
Published on -2/14/2012, 7:30 AM
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WICHITA, Kan. (AP) -- A Kansas judge on Monday declined to move the trial of a man accused of killing a 14-year-old Great Bend girl.
Defense attorneys contend Adam Longoria can't get a fair trial in Barton Countym where the case has received intense publicity. He faces trial March 26 for the death of Alicia DeBolt. The missing girl's badly burned body, with traces of duct tape on her ankle and face, was found at an asphalt plant southwest of Great Bend on Aug. 24, 2010.
A spokesman for the state's judicial branch, Ron Keefover, said he received an email from the office of Barton County Judge Hannelore Kitts indicating she denied a change of venue for Longoria, 38.
If convicted of capital murder, Longoria would face life in prison without parole. Prosecutors are not seeking the death penalty. He also faces several other charges, including attempted rape and criminal solicitation of a minor.
At a hearing last week, defense attorneys presented a survey of 400 residents conducted through Pittsburg State University that found all were familiar with the case and 94 percent thought Longoria was guilty.
Prosecutors argued that the defense survey was not representative of Barton County and contended the defense did not similarly survey residents of other counties.
The government also noted in a filing opposing a change of venue that the trial is scheduled to begin more than 19 months after the girl's death. Prosecutors contend the defense offered no evidence to support the argument that a fair jury cannot be seated in a county of 27,674 people. Prosecutors argued proper questioning of prospective jurors can address concerns about pretrial publicity.
"The people of Barton County deserve the opportunity to have this case heard in Barton County," prosecutors wrote. "We should not assume that Barton County residents are prejudiced against defendant. We should not assume that Barton County residents cannot set aside any opinions or beliefs they may harbor about the case. We should certainly not assume that Barton county residents cannot decide the case solely on its merits."
