Demario Atwater, a suspect in the murder of UNC-Chapel Hill student body president Eve Carson, has requested that his federal trial be held outside North Carolina.
In a motion filed Dec. 11, Atwater's attorney Kimberly Stevens cites extensive media coverage, the availability of trial-related documents online, resident responses to coverage and a poll commissioned by the defense as evidence Atwater would not receive a fair trial.
"Mr. Atwater has already been tried, convicted and sentenced to die in the North Carolina court of public opinion," the motion states. "In light of the above, this motion seeks a change of venue to another district where Mr. Atwater can secure an impartial venire free from the prejudice which has pervaded the residents of this district."
According to the poll of 300 North Carolinians, 53 percent of residents across the state think Atwater is guilty and 52 percent think he should be executed if found guilty. Of respondents in the Middle District of North Carolina, where Atwater's May 10 trial is scheduled to take place, 57 percent said they think Atwater is guilty and should receive the death penalty if convicted.
Stevens' motion suggests the Eastern district of Virginia as a potential trial location, or a postponement of the trial date to allow coverage to dissipate if the location is not changed.
The motion requests a response from the government by Jan. 15.
Atwater faces federal carjacking, kidnapping and firearms charges. The carjacking charge could carry the death penalty for Atwater because Carson's death is said to have been a result. Atwater also faces state charges that could carry the death penalty, but they will not be prosecuted until after the federal charges have been resolved.
Atwater's co-defendant in the federal and state cases, Laurence Lovette, will not face the death penalty because he was 17 years old at the time of Carson's death in March 2008.
See the motion below:
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