Defense attorneys ask for a change of venue

Jury selection in the case against Eugene Black and Shelia Williams is slated to begin in three weeks, but defense attorneys on Monday asked for a change of venue.

Black and Williams are both charged with murder and robbery I in the 1994 death of Covington County businessman James “Nibby” Barton.

Montgomery attorney Peter Bush, who represents Black, and Opp attorney Trey Burgess, who represents Williams, each told Presiding Circuit Judge Ashley McKathan they don’t think their clients can get a fair trial here.

Bush said he filed a motion for change of venue on Monday, partly because of pre-trial publicity he says is unfavorable to his client.

“The victim has been presented by the district attorney as a beloved member of the community,” Bush said. “Some of the things that have been printed have included photographs of all of the defendants. The photographs are far from flattering. The inference is, ‘these are just bad folks.’

“We’d like a change of venue to a place where (potential jurors) have not seen the photographs and don’t know Mr. Barton,” Bush said.

Burgess said, “We feel like we could get a lot more fair trial in another venue.”

Chief Assistant District Attorney Grace Jeter, who represented the state in Monday’s hearing, said case law requires actual prejudice against a defendant for a trial to be moved.

“The law requires standards of fairness, not that they be totally ignorant of the facts of the case,” Jeter said.

McKathan explained that venue rulings are to be made after voir dire, the process of questioning prospective jurors by a judge and attorneys in court prior to jury selection.

“I will preserve this motion for immediately after voir dire, at which time we will retire outside the presence of the jury and do venue motions.”

Bush also raised concerns about the availability of a doctor to testify and the possibility of exculpatory evidence not being shared with him.

Sandra Ellison Lynn, who also was charged in Barton’s death, plead guilty in May to conspiracy to commit robbery, and was sentenced to 12 years and six months’ imprisonment. Lynn is expected to testify against Bush and Williams.

Earlier this year, Bush successfully argued that he needed access to a physician’s analysis of Lynn’s health and mental state, noting that she had previously had been diagnosed with schizophrenia.

Monday, Bush said he has subpoenaed the Dothan doctor, and asked to be able to take the doctor’s deposition, as the doctor is ill and it is unlikely he will be able to participate in the trial.

Bush also renewed his request for production of evidence, particularly exculpatory evidence – or evidence favorable to a defendant in a criminal trial – he says the state has in its possession about his client.

“The initial investigation of 1994 was conducted by different people,” Bush said. “They all had reports, and a narrative. There may have been alternate suspects; we submit by their very nature that would be exculpatory to my client.

“One of the investigators I talked to, who is now a sheriff, didn’t want to swear to it, but said it was his recollection money was found all over the store.

“If that is true, it substantiates our position. The cash register was full and the fella had $9,000 on him. It is exculpatory in that no robbery committed.”

Bush said he believes Barton’s death was a crime of vengeance, not of robbery.

Jeter said she was not aware of any such evidence, and McKathan said defense attorneys do not have a right to all evidence in the state’s possession, for which Bush previously had asked.

Burgess, who was only appointed to represent Williams in January, also requested that the defendants’ bond be lowered, and that the two defense attorneys be allowed to meet with both Williams and Black at the same time. Jail policy prohibits male and female inmates from meeting together, Burgess said.

McKathan agreed that the two defendants could meet, and said if there was a problem with them meeting at the jail, he would order them transferred to the courthouse for the meeting.

The trial is expected to begin on Aug. 24.