In a motion filed by attorneys for accused murderer Ricky Wells, lawyers ask for a superior court judge to move Wells' trial outside of McDuffie County. The motion credits pre-trial publicity, saying that details about the case have been broadcast on TV, the radio, and have been printed in the local newspaper.
The request comes before Ricky Wells has even faced a judge for arraignment, meaning it will most likely be months before the case goes to trial. The question is still on the table if the Toombs Judicial Circuit District Attorney's office will filed the paperwork, changing this to a death penalty case.
Defense attorney Jimmy Plunkett has experience with change of venue cases.
Plunkett says, “What you want is a jury that is impartial from the beginning and not one that knows too much about the case, the facts of the case, or the people in the case.”
Plunkett defended Johnny Lee Jones in a death penalty case from Lincoln County. That trail was moved to Macon. In the Wells' case it's possible a judge could move the trial, before even trying to draft a jury in McDuffie County.
Plunkett says, “The test is, do you have an opinion that is so fixed that it cannot be set aside by the hearing of the evidence.”
There are laws limiting where the trail could be moved, but if the case is moved it will cost taxpayer in McDuffie County a lot of money.
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