Process of changing venue for trials

HAMILTON COUNTY, Tenn. (WDEF) — The lawyer for one of the suspects in the 2014 Lookout Valley Triple Homicide wants a change of venue for his client’s trial.

In September, Derek Morse was convicted in the 2014 Lookout Valley triple homicide and sentenced to life in prison without the possibility of parole. He was the first of three suspects to go to trial.

Skyler Allen is the next one scheduled for a jury to hear his case, but now his lawyer is asking for a change of venue.

Mariella Pechero works at Southern Adventist University and is a part time attorney. She says there are different reasons why someone who request a change of venue.

“One might be if a case has received a lot of publicity and notoriety and it is impossible to get a fair trial where it is being held that might be one. It might be also because the witnesses or people they have to bring in may not be cost conducive to have a trial in that place,” Pechero said.

The first step is to file a motion.

“It is one of the things that have to be done immediately and though it falls under the right of a fair trial, trials under constitution it is not an entitlement. So if a defendant or a respondent does not file a motion for change of venue timely, then it gets waived. So you would file it and then the judge would take it under consideration and part of the filing would include the facts, the case law as to why you believe the case should be moved,” Pechero said.

She says there are different factors that go into deciding whether the venue should be changed.

“Now is the publicity recent or was it previous. Is it fresh in somebody’s mind or something that has been all those things will be taken into consideration,” Pechero said.

Allen’s trial is currently scheduled for April 10.