bvelliquette@heraldsun.com; 419-6632
CHAPEL HILL -- A federal judge will consider a change of venue request by Demario Atwater's attorneys on Jan. 27 in N.C. Middle District Court.
Atwater is charged in U.S. District Court with crimes associated with the kidnapping and murder of Eve Carson, UNC's student body president who was found shot to death in Chapel Hill on March 8, 2008.
Atwater is facing the death penalty if convicted of the charges.
Atwater's attorneys, who previously filed a motion asking that his trial be moved out of state because of the enormous amount of media coverage in North Carolina, have gone back and forth on the change of venue hearing timetable.
After filing the change of venue motion, they filed a motion asking that the hearing be moved forward because questionnaires are scheduled to be sent to potential jurors later this month and they wanted the issue decided before the questionnaires were sent.
Federal prosecutors agreed that they would be willing to move the hearing up and were willing to file a response by Jan. 22.
But on Tuesday, Atwater's attorneys filed another motion -- this one to continue a hearing that was long ago scheduled for Jan. 27 to discuss the jury questionnaires. The judge was also expected to make a decision on the change of venue motion.
Atwater's attorneys said they needed more time to issue subpoenas and present evidence related to the change of venue issue.
United States District Judge James A. Beaty issued an order Thursday saying he will hear the change of venue motion on Jan. 27 but will not conduct an evidentiary hearing then.
"The court further notes that it does not appear than any evidentiary hearing is necessary with respect to the Motion for Change of Venue, but in the event that the Court determines that such an evidentiary hearing is necessary, the Court will advise the parties and in its discretion will separately schedule such a hearing," Beaty wrote in his order.
