Ashley N. Gilbert, the 18-year-old woman charged with second-degree murder in the beating death of David A. Blankenship last May, will get her day in court, it just won't be in Pulaski County.
Associate Circuit Judge John Wiggins on Wednesday agreed with both parties that pretrial publicity may have tainted the potential jury pool in Pulaski County, and therefore agreed to a change-of-venue to Phelps County.
“My argument would be that any time you have mention of a plea agreement, it gives the impression something has been done that is wrong,” Beger said, holding up the Waynesville Daily Guide. “Furthermore, there was an article in an online news source, the Pulaski County Daily, that references a confession. A confession indicates wrongdoing,” Beger said. “Therefore, I request a motion for a change of venue.”
Given a chance to respond, Pulaski County Prosecutor Deborah Hooper agreed a new location for the trial would be fair.
“I'm in agreement with Mr. Beger that there does need to be a change of venue,” Hooper said. “I had nothing to do with talking to the reporters at all. Both of these sites are well-read and unfortunately, because of the type of comments that have been made, it would taint the jury.”
For his part, Wiggins agreed to the change-of-venue, but was less convinced coverage of the trial could spoil the entire jury pool.
“I don’t necessarily believe the whole jury panel would be tainted by the publication of a newspaper or even an online article, but if both of the parties are in agreement with a change of venue to Phelps County, that is fine with me,” Wiggins said.
Wednesday's proceedings were a continuance from Monday, when the trial was to start.
A Dixon law-enforcement official made references to the trial during open session of the Pulaski County Commission on Monday and why proceedings those were being continued until Wednesday. Those comments were made in the presence of four reporters.
Asked about those comments Wednesday, Hooper would only say that she has spoken to that law-enforcement officer and that they have “a good relationship.”
Gilbert, of Dixon, has pleaded innocent to a Class A felony charge of second-degree murder and is accused of kicking and beating Blankenship, also of Dixon, to death last year along with her ex-boyfriend, Robert Fortner, 31.
Fortner, also of Dixon, entered a plea agreement Monday, and he was a co-defendant facing the same charges. Both are accused of killing Blankenship on May 10, 2009.
Beger stated he has requested a transcript of that plea agreement, but has only received a CD from Prosecutor Hooper's office. Furthermore, it unclear what agreement Fortner has made in return for his testimony in the case against Gilbert, but the contents of that transcript runs 2:17:30, according to Beger.
Hooper said she and her staff are backed up but promised to get a transcript to the defense team.
“We will produce a transcript as soon as it is done,” Hooper said.
A date for the change-of-venue trial has yet to be scheduled.
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Ashley N. Gilbert, the 18-year-old woman charged with second-degree murder in the beating death of David A. Blankenship last May, will get her day in court, it just won't be in Pulaski County.
Associate Circuit Judge John Wiggins on Wednesday agreed with both parties that pretrial publicity may have tainted the potential jury pool in Pulaski County, and therefore agreed to a change-of-venue to Phelps County.
“My argument would be that any time you have mention of a plea agreement, it gives the impression something has been done that is wrong,” Beger said, holding up the Waynesville Daily Guide. “Furthermore, there was an article in an online news source, the Pulaski County Daily, that references a confession. A confession indicates wrongdoing,” Beger said. “Therefore, I request a motion for a change of venue.”
Given a chance to respond, Pulaski County Prosecutor Deborah Hooper agreed a new location for the trial would be fair.
“I'm in agreement with Mr. Beger that there does need to be a change of venue,” Hooper said. “I had nothing to do with talking to the reporters at all. Both of these sites are well-read and unfortunately, because of the type of comments that have been made, it would taint the jury.”
For his part, Wiggins agreed to the change-of-venue, but was less convinced coverage of the trial could spoil the entire jury pool.
“I don’t necessarily believe the whole jury panel would be tainted by the publication of a newspaper or even an online article, but if both of the parties are in agreement with a change of venue to Phelps County, that is fine with me,” Wiggins said.
Wednesday's proceedings were a continuance from Monday, when the trial was to start.
A Dixon law-enforcement official made references to the trial during open session of the Pulaski County Commission on Monday and why proceedings those were being continued until Wednesday. Those comments were made in the presence of four reporters.
Asked about those comments Wednesday, Hooper would only say that she has spoken to that law-enforcement officer and that they have “a good relationship.”
Gilbert, of Dixon, has pleaded innocent to a Class A felony charge of second-degree murder and is accused of kicking and beating Blankenship, also of Dixon, to death last year along with her ex-boyfriend, Robert Fortner, 31.
Fortner, also of Dixon, entered a plea agreement Monday, and he was a co-defendant facing the same charges. Both are accused of killing Blankenship on May 10, 2009.
Beger stated he has requested a transcript of that plea agreement, but has only received a CD from Prosecutor Hooper's office. Furthermore, it unclear what agreement Fortner has made in return for his testimony in the case against Gilbert, but the contents of that transcript runs 2:17:30, according to Beger.
Hooper said she and her staff are backed up but promised to get a transcript to the defense team.
“We will produce a transcript as soon as it is done,” Hooper said.
A date for the change-of-venue trial has yet to be scheduled.
