Justin Kyle Hutcherson’s motion for a change of venue was denied by Fifth Judicial Circuit Court Judge Ray Martin on the grounds a possible jury had not been assessed if it had been influenced by remarks from the district attorney’s office and pre-trial publicity.
Hutcherson’s attorney, Zach Alsobrook argued Hutcherson could not get a “fair and impartial jury in the community.” Alsobrook requested the trial be moved to Chambers or Randolph counties which are in the fifth judicial circuit with Tallapoosa and Macon counties.
“The Outlook has published stories on this case,” Alsobrook said. “The district attorney responded to social media posts stating, ‘They would do their best (in prosecuting the case) and they had a strong case.’ It is the court’s duty to ensure the defendant has the best possibility at a fair trial.”
Assistant district attorney Kevin Hall argued the court had not granted a change of venue for cases in the past.
“This past term had a case with far more press coverage and the court did not grant a change of venue,” Hall said.
Martin denied the motion.
“Until I have a jury voir dire I can question, I don’t have a basis to grant this,” Martin said.
Martin said he might consider a change of venue motion again at the time of trial if filed but said people can forget publicity.
“Time has a way of curing things,” Martin said.
Hutcherson, 32, of New Site, is indicted on 61 counts involving an investigation into the possession of child pornography. Charges include 12 counts of production of pornography with minors, 12 counts of possession of pornography materials with minors, 16 counts of criminal surveillance and 21 counts of tampering with evidence.
Alsobrook also stated in a motion for his client in March Hutcherson placed a camera in his own home and had certain images saved to his personal computer.
Hutcherson is currently out of jail on bond.