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Posted: Wednesday, 26 March 2008 1:20PM

Marinello trial to be moved but appeal is pending


A Jefferson Parish Judge has granted a defense request for a change of venue in the second degree murder trial of former broadcaster Vince Marinello, but the ruling is pending an appeal to the 5th Circuit.

Judge Conn Reagan sided with Marinello's attorneys, who argued extensive pre-trial media coverage would make it impossible to seat an impartial jury locally. But he rejected a motion from both prosecutors and defense attorneys to bring in an out of town jury. Regan's ruling moves the trial out of town, but he gave both sides until Monday to appeal.

Legal analyst Tim Meche says it's unlikely that appeal will be successful.

"A judge is uniquely situatated to know more about how the mechanics of his courtroom works," said Meche. "And if he decides it's better to try the case somewhere else, rather than bus in an out of town jury, it's not likely the court of appeal will overrule him."

Legal analyst Tim Meche on the Vince Marinello case:

Listen:

   

Meche says moving the trial to another Parish could delay the scheduled May 12th start date of the trial, because of the logistical issues involved in securing a courtroom in another Parish.

"The judge will communicate with the Louisiana District Judge's Association, and determine what outlying area will be able to host this trial," said Meche. "He may solicit input from both attorneys, and he may not. He has sole authority to determine that."

Regan earlier this week insisted that the trial will begin May 12, no matter how he ruled Wednesday.




   

  08:48am CDT, 10/06/08
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