BY BETH VELLIQUETTE

bvelliquette@heraldsun.com; 419-6632

CHAPEL HILL -- Federal prosecutors have agreed to expedite their response to the motion by Demario James Atwater's attorneys to move his trial out of the state of North Carolina.

Atwater is charged with federal crimes associated with the robbery, kidnapping and killing of UNC student body president Eve Carson, who was shot to death on March 5, 2008, in Chapel Hill.

Atwater, 23, could be sentenced to death if convicted of the charges in U.S. District Court.

Chapel Hill police charged Atwater, 23, and Laurence Alvin Lovette Jr., 19, with first-degree murder and first-degree kidnapping, believing that they kidnapped Carson from her home off West Rosemary Street, drove her to various ATMs to withdraw money from her bank account, and then shot and killed her.

In a motion filed in December, Atwater's attorneys said that because of the publicity surrounding the case, it would be impossible for Atwater to receive a fair trial within the state of North Carolina. They cited a number of stories, as well as remarks people wrote in the comment sections of various media sites as evidence that some people already believe Atwater is guilty and should be put to death.

They asked that a judge make a decision on its change of venue motion by Jan. 15, but the prosecutor's response, which was filed this week, states that they and the defendant have agreed upon a deadline of Jan. 22, with the court's approval, for the United States to file its response.

The trial is scheduled to start May 10 in Winston-Salem.

The trial's schedule calls for questionnaires to be sent to prospective jurors by Feb. 8.

In other news related to the charges against Atwater and Lovette, a hearing in state court that was scheduled for Friday in Hillsborough has been rescheduled for Wednesday at 11 a.m.

Superior Court Judge Allen Baddour is expected to make a decision on whether Chapel Hill police must give information to the defense that police received through the Crime Stoppers tip line. Crime Stoppers tells tipsters that they can submit information anonymously and they do not have to reveal their identities.

However, the identities of some tipsters is revealed by the information they provide.

A tipster who called Crime Stoppers gave information to police that led to the arrest of Atwater and Lovette. Other people called Crime Stoppers with information about other possible suspects, and defense attorneys say they have a right to examine all of that information.