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BJ Burton change of venue hearing Tuesday, Oct. 23, 2007

At 1:00pm in Adair County Circuit Court will consider whether trial should be moved to an adjacent county. Trooper's lawyer says pre-trial publicity makes fair trial in Columbia impossible

Steven C. Schroering, Louisiville, the attorney for Kentucky State Trooper Bramlett (BJ) Burton, charged with reckless homicide in the death of Billy Phillips, has requested a change of venue to an adjacent county. Consideration of the petition is scheduled for 1:00pm CT, tomorrow, Tuesday, October 23, 2007, in Adair Circuit Court.



Schroering's petition states, Since the day it occurred this incident has been the subject of overwhelming media coverage via the television, newspaper, radio and the Internet. Vigils have been held for Billy Phillips. A number of things have occurred before the circumstances of the case have even come to public light, indicating a countywide bias against the Defendant."

Schroering cites seven reasons for requesting the change of venue on the grounds that a fair trial in Columbia, where the action is pending. "A brief review of the events following the incident is as follows:
  • "Between 1,000 and 1,500 people attended Mr. Phillips' visitation
  • "On July 20, 2007, Trinity United Methodist Church hosted a 'Candlelight Prayer for Truth and Justice: In memory of Billy Phillips
  • "Petitions were taken door to dor in Adair County regarding Trooper Burton
  • "A car was dedicated to Mr. Phillips at the local demolition derby, where a moment of silence was given in his honor and 'Justice for Billy' T-shirts were worn
  • "Numerous radio spots have been dedicated to the incident, some giving air time to Mr. Philiips family and some dedicating songs to him
  • "The incident has been the subject of comprehensive print and electronic coverage from the outset
  • "Bumper stickers throughout Adair County bear the phrase 'Justice for Billy'"
Schroering cites the Sixth and Fourteenth Amendments (to the U.S. Constitution) and Section Eleven of Kentucky's Constitution as guaranteeing the right to a trial by an impartial jury. "In the present case," he writes in the petition,"the overwhelming pretrial publicity makes a fair trial impossible in Adair County."

In the conclusion of the petition, Schroering writes, "There could be nothing more violative of that right than forcing a man to face trial in the community where significant portions of the population have demanded his conviction prior to hearing any evidence and prior to his even being charged with a crime."
For obituary, Billy Phillips, Click Here. For related ColumbiaMagazine.com stories, enter "Billy Phillips" or "BJ Burton" in the ColumbiaMagazine.com searchbox.


This story was posted on 2007-10-22 10:49:06
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