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Updated: 7:03 PM Jul 23, 2008
Change Of Venue Denied In Elgin Robinson Case
The man accused of masterminding the 2006 murder-for-hire of pregnant teen Chelsea Brooks was in court Wednesday to request a change of venue. A Sedgwick County District Court judge denied his request.
Posted: 7:03 PM Jul 23, 2008Reporter: Cayle Thompson Email Address: cayle.thompson@kake.com |
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The man accused of masterminding the 2006 murder-for-hire of pregnant teen Chelsea Brooks was in court Wednesday to request a change of venue.
Robinson is charged with Brooks' murder. The 14-year-old was strangled, and her body buried in Butler County. Prosecutors said Robinson hired people to kill Brooks, because she was pregnant with his child.
Robinson wants to move his trial away from Wichita out of concern that all the publicity surrounding the case may have biased potential jurors.
The change of venue request was filed a year ago and finally argued Wednesday.
"There is sufficient prejudicial publicity existent, and the court may, in light of the publicity, change venue," argued defense attorney Val Wachtel.
Robinson's attorneys have filed claims saying that the local media has covered every major, minor and inconsequential event remotely related to the case and that the publicity has created a prejudice against Robinson such that he cannot obtain a fair trial.
Judge Ben Burgess ruled against the change of venue motion, claiming they had no trouble seating a jury in the trial of Ted Burnett, another man charged in the case. Burnett was found guilty.
The judge also pointed out that although Burnett's jury found him guilty, they spared his life.
The judge did grant several motions concerning the jury selection process.
In particular, Robinson requested that potential jurors be screened for racial bias. According to his attorneys, multi-racial crimes play into any overt racial prejudice or latent prejudice which potential jurors may hold. Judge Burgess granted the motion allowing the jurors to be questioned about their thoughts on race, but only in a limited capacity.
In addition to denying the change of venue, the judge also denied mutiple requests to rule the Kansas death penalty unconstitutional.
Robinson's trial is scheduled to begin in September.
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