Don't move trial -

Federal trial of Demario James Atwater should not be moved to another state

A change of venue for the federal trial of Demario James Atwater, one of the men charged with killing former Student Body President Eve Carson, should not be granted.

Atwater’s federal defense attorneys are attempting to move the trial out of North Carolina, claiming their client won’t get a fair trial if it remains in the state.

The defense cited a survey stating that 80 percent of North Carolinians know about the case, and that 53 percent already believe he is guilty before he has been tried. The defense believes that the widespread publicity of the case will affect the prejudices of the jury.

“A fair trial in the Middle District, or in any other North Carolina district, is not possible,” the motion states.

However, there are other factors to consider when deciding whether to grant change of venue.

Although the Sixth Amendment states that the defendant has a right to a fair trial by an impartial jury, it also states that the jury should be of the state or district where the crime was committed.

“These are two constitutional principles that must be balanced,” said Richard E. Myers II, an assistant professor at the UNC School of Law.

A change of venue is rarely granted and is simply unnecessary in this case.

“You only need 12 impartial jurors for a fair trial,” Myers said.

Myers acknowledged that this might be an unusual case and declined to have an opinion on the matter.

But the fact is, a change of venue is only granted in extreme circumstances, like the Oklahoma City bombing.

Attorneys also have the right to reject jurors they feel might taint the jury pool, a process known as voir dire.

With 20 percent of North Carolinians unaware of the case and close to 50 percent still impartial, it shouldn’t be too difficult to create a fair trial.

Besides, the death of Eve Carson is a community matter. All those affected by the tragedy should be able to attend the case and observe its proceedings.

Although it is important that Atwater receives a fair trial, moving it to another state isn’t the answer.