Carson attorneys believe trial can be held in N.C.

Federal prosecutors argued Friday that moving the trial of one of the men charged with killing former Student Body President Eve Carson would be inconvenient and unnecessary.

Prosecutors in the U.S. Attorney’s office for the Middle District of North Carolina in Winston-Salem responded Friday to the defense’s request to site the trial outside of North Carolina.

The defense said in December that intense publicity following Carson’s death in March 2008 tainted the jury pool, making it impossible for their client, 23-year-old Demario James Atwater, to have a fair trial in the state.

Prosecutors said that even though many North Carolinians are familiar with the case, the jury selection process would ensure unbiased members and avoid inconveniently transplanting lawyers, witnesses and staff to another state.

The trial is set to be in early May, and a judge has until then to decide whether a move is necessary. The government would be responsible for financing the move.

In most federal trials, the defense expects judges to deny motions to move the trial, said Rich Myers, an assistant professor at UNC School of Law, who worked several years as a federal prosecutor in the Eastern District.

The U.S. Constitution states that criminal trials should be held in the state where the crime was committed. But strong evidence of a biased jury pool could be reason to move.

“The defense has done a very good job bringing forward important information, enough to make the judge really think this through,” Myers said.

Lynne Klauer, assistant U.S. attorney for the Middle District, said she couldn’t remember the last time federal courts granted a change of venue.

Investigators say on March 5, 2008, Atwater and Lawrence Alvin Lovette, 19, took Carson from her home, drove her to an ATM to withdraw $1,400, then shot her five times in a neighborhood off East Franklin Street.

Both Atwater and Lovette were on probation at the time, which led to heightened newspaper publicity and legislative attention to lapses in the system.

The defense cited a survey that states that 80 percent of North Carolinians know about the case due to this attention, and 53 percent already believe Atwater is guilty.

“Those are very compelling numbers,” Myers said.

Prosecutors said the people surveyed may not have been aware of how the court system works — that an indictment isn’t a conviction. And even with 53 percent who have minds made up, the jury selection process can draw from the many people in the 47 percent.



Contact the City Editor at citydesk@unc.edu.