Federal defense attorneys for one of the men charged with killing former Student Body President Eve Carson worry their client won’t get a fair trial in North Carolina.
The defense issued a Dec. 11 motion (PDF file) to move the trial out of state, citing a survey that states that too many people — 80 percent of North Carolinians — know about the case, and 53 percent already believe Demario James Atwater, 23, is guilty.
Prosecutors said last week that they will respond to the motion (PDF file) by Jan. 22, which is sooner than required.
The story so far:
March 5, 2008: Student Body President Eve Carson is found shot to death.
March 12: Demario James Atwater is arrested.
March 13: Lawrence Alvin Lovette is arrested.
March 31: Atwater and Lovette are indicted for first-degree murder.
April 11: District Attorney Jim Woodall announces plans to pursue the death penalty for Atwater.
Oct. 27: A federal grand jury indicts Atwater.
Jan. 16, 2009: The U.S. Attorney General approves plans to pursue the federal death penalty against Atwater.
After that, it’s up to a judge to determine whether the jury pool is tainted enough for the trial to need to move out of state.
“It’s a fairly unusual thing to have happen,” said Lynne Klauer, spokeswoman for the U.S. Attorney’s office for the Middle District, which is prosecuting Atwater. She can’t remember any time a trial was moved out of state during her years working for the district.
Authorities say Atwater and Lawrence Alvin Lovette kidnapped Carson from her home March 5, 2008, and took her to an ATM to withdraw $1,400 before shooting her five times in a neighborhood off East Franklin Street.
The defense used news article clips and online reader comments to show that extensive media coverage has led this version of events to be regarded as fact in the minds of most North Carolinians, they claim.
When Atwater and Lovette were charged with killing Carson, it revealed lapses in the security of the state probation system, increasing the publicity of the crime and inciting lawmaker response.
