Local News

Mar 24, 2014 6:25 PM by Caroline Flores - cflores@kristv.com

Dimick's Motion To Move Trial Out Of Nueces County Denied

CORPUS CHRISTI - Today a judge denied Erick Dimick's request to move his trial to another county.

Two weeks ago Erick Dimick's lawyer filed a motion with Judge David Stith's court to move his trial to another county. Dimick's lawyer said because of all the media attention surrounding his client's case, he didn't think Dimick could get a fair trial in Nueces County.

Judge David Stith says that in other cases that caught media attention, a jury has been able to put aside previous thoughts and make a fair decision. Judge Stith believes that will be the same in this case. But Dimick's attorney disagrees.

"I think that because of the amount of publicity this case has generated it's gonna be almost impossible to get a jury," said Dimick's attorney Kenneth Botary.

He says the publicity surrounding the case doesn't surprise him.

"It stirred a lot of public interest here because, if you don't have a child about this young lady's age you probably got a grandchild about her age. And it's just uh... It's scary," said Botary.

This is why he wanted to try and get Dimick's trial moved. But now that the trial is officially going to be held here in Nueces County, Botary fears jurors will assume Dimick is guilty before the trial even begins.

"The jury now is gonna know that... That one boy got a life sentence and the other boy plead for 30 years. And if we transferred this case to another county the jury probably wouldn't know those things," said Botary.

In this case he would rather the jury didn't know these details because the stakes are so high.

"He's looking at the rest of his life," said Botary.

Now it will be up to the court to find a fair and impartial jury. Botary's skeptical that will happen.

"For one thing. I think that a juror, that the jurors now are gonna either deny that they heard anything or deny that it's affected them," said Botary.

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