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February trial date selected in Andy McCauley case, change of venue study still in the works
September 3, 2020
MARTINSBURG — With the format and questions of a change of venue study still being fine tuned, a February trial date was scheduled Thursday afternoon in a case alleging a Berkeley Springs man murdered a local teen last May.
[.....]
Twenty-third Judicial Circuit Court Judge Debra McLaughlin, in May, granted the defense’s request for a media study to research whether to request a change of venue. The defense’s request for the study is due to their assertion that the “widespread media attention” of the case will keep their client from being able to impanel an impartial jury and from receiving a fair trial.
With the survey not yet finalized, the Oct. 6 trial date has been moved to begin on Feb. 2, and at this point, it is scheduled to occur in Morgan County. Judge McLaughlin is expected to rule on the questions being considered for the survey in the next 10 days.
[.....]
Once the survey is distributed to the residents of Morgan County and returned, the court will review the findings and determine whether McCauley would or would not be prejudiced by having the trial in Morgan County. She will then make a ruling on a change of venue motion.
If denied, parties will preceded to the Jan. 21 pretrial and the Feb. 2 trial. If granted, a “Plan B” will be decided.
September 3, 2020
MARTINSBURG — With the format and questions of a change of venue study still being fine tuned, a February trial date was scheduled Thursday afternoon in a case alleging a Berkeley Springs man murdered a local teen last May.
[.....]
Twenty-third Judicial Circuit Court Judge Debra McLaughlin, in May, granted the defense’s request for a media study to research whether to request a change of venue. The defense’s request for the study is due to their assertion that the “widespread media attention” of the case will keep their client from being able to impanel an impartial jury and from receiving a fair trial.
With the survey not yet finalized, the Oct. 6 trial date has been moved to begin on Feb. 2, and at this point, it is scheduled to occur in Morgan County. Judge McLaughlin is expected to rule on the questions being considered for the survey in the next 10 days.
[.....]
Once the survey is distributed to the residents of Morgan County and returned, the court will review the findings and determine whether McCauley would or would not be prejudiced by having the trial in Morgan County. She will then make a ruling on a change of venue motion.
If denied, parties will preceded to the Jan. 21 pretrial and the Feb. 2 trial. If granted, a “Plan B” will be decided.