Attorney asks that Longo's trial be moved.Byline: LARRY BACON The Register-Guard NEWPORT - The attorney for accused murderer Christian Longo has filed a motion in Lincoln County Lincoln County is the name of several locations. Canada
In papers filed in support of the pretrial pre·tri·al n. A proceeding held before an official trial, especially to clarify points of law and facts. adj. 1. Of or relating to a pretrial. 2. motion, defense attorney Ken Hadley said a sampling of public opinion convinced Longo's defense team that he couldn't receive a fair trial in Lincoln County. "The media has given extensive local, statewide and national coverage to every detail of the whereabouts, arrest and court proceedings involving Mr. Longo's case," Hadley wrote. "The media continues to follow this case and report details of matters that would not be admissible (algorithm) admissible - A description of a search algorithm that is guaranteed to find a minimal solution path before any other solution paths, if a solution exists. An example of an admissible search algorithm is A* search. in a guilt phase trial." Longo, 28, is charged with killing his wife and three small children last December and dumping their bodies in coastal bays. Arrested Jan. 16 in Mexico, he faces seven counts of aggravated ag·gra·vate tr.v. ag·gra·vat·ed, ag·gra·vat·ing, ag·gra·vates 1. To make worse or more troublesome. 2. To rouse to exasperation or anger; provoke. See Synonyms at annoy. murder based on various theories of how the crimes were committed. He has been held in the Lincoln County Jail since shortly after his arrest. The Lincoln County district attorney has said the prosecution will seek the death penalty in the case. Longo hasn't yet pled to the charges but is expected to do so in an Oct. 1 court appearance, the first of several days in October blocked out by Judge Robert Huckleberry huckleberry, any plant of the genus Gaylussacia, shrubs of the family Ericaceae (heath family), native to North and South America. The box huckleberry (G. brachycera) of E North America is evergreen and is often cultivated. The common huckleberry (G. to deal with pretrial motions and other matters related to the case. No trial date has been set. In arguing for a change of venue A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or defendant(s) , Hadley suggested that a court hearing be held 30 days before the trial date, at which time the defense would offer evidence about prejudicial prej·u·di·cial adj. 1. Detrimental; injurious. 2. Causing or tending to preconceived judgment or convictions: media coverage and a scientific survey of public opinion in Lincoln County regarding the case. If Huckleberry grants the motion, he would then decide where the trial should be moved after hearing from prosecution and defense lawyers. Many of the 20 or so pretrial motions filed by Hadley were routine, including a motion to dismiss the charges. He also filed a motion arguing that Longo shouldn't receive the death penalty or life in prison without parole because when he was arrested in Mexico he wasn't told of his rights under a U.S. extradition extradition (ĕkstrədĭsh`ən), delivery of a person, suspected or convicted of a crime, by the state where he has taken refuge to the state that asserts jurisdiction over him. agreement with Mexico. That agreement, Hadley wrote, says if a defendant is extradited from Mexico, the U.S. prosecution won't seek the death penalty or life without parole. Longo waived his extradition rights and voluntarily returned to the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . Hadley wrote that Longo's consenting to leave Mexico will be an issue that will be pursued "long and hard." Another motion seeks to suppress evidence gathered by law enforcement officers in interviews after Longo's arrest, on the grounds that he wasn't advised of his right to remain silent and consult with an attorney, or his right to consult with officials at the United States Consulate Consulate, 1799–1804, in French history, form of government established after the coup of 18 Brumaire (Nov. 9–10, 1799), which ended the Directory. in Mexico. The motion says the questioning continued even after Longo indicated he didn't want to answer any more questions and asked for a lawyer. Other motions seek to: Prevent the prosecution from introducing photographs of the murder victims that show body parts or do not, by their nature, aid in establishing cause of death. Exclude any arguments on the probability of Longo committing future criminal acts of violence that would make him a continuing threat to society. Prohibit the prosecution from making a number of specific arguments, including that in the prosecutor's opinion death is an appropriate sentence for Longo. Allow the defense two chances to argue its case during the penalty phase of the trial, but limit the prosecution to one argument. Increase the number of peremptory challenges The right to challenge a juror without assigning, or being required to assign, a reason for the challenge. During the selection of a jury, both parties to the proceeding may challenge prospective jurors for a lack of impartiality, known as a challenge for cause. of prospective jurors allowed the defense, and restrict the prosecution's ability during jury questioning to ask about jurors' religious or moral attitudes toward the death penalty. |
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