Change in Venue Motion Denied; Church Trial Set to Begin Tuesday

A motion to move the trial of Albert Church out of Effingham County has been denied, and the trial is scheduled to begin next week.

Church is charged with delivery of a controlled substance under an accountability theory. Prosecutors allege the 23-year-old Church notified a local woman of someone who could supply her with heroin. The woman later died, and authorities say it was due to heroin use.

Defense attorney Bill Totten contended that the volume of coverage of the case would make it difficult to find a fair and unbiased jury and difficult for Church to get a fair trial. Totten also mentioned attention given the issue of heroin in our area, coverage of the death of Jessica James, the woman whose death has been related to the case, and the coverage of the trial of Jay Miller of Altamont, who was found guilty of drug-induced homicide in James' death.

State's Attorney Bryan Kibler said the media coverage indicates that the media has been doing its job. Kibler said there is nothing in the law indicating that a potential juror can't have heard about a case, just that they can set aside what they've heard and decide the case based on the evidence. He also presented the findings in the Nicolas Sheley case that involved offenses in a number of jurisdictions. Kibler noted it took six days to select a jury, but one was selected.

Other motions not to be heard by the jury, both defense and prosecution generated, were ruled on to clear the decks for the start of jury selection, which is scheduled for Tuesday, September 2, at 9am.

Church remains in Effingham County Jail under $75,000 bond.