Monday, July 14, 2008

II. Motion For Change of Venue

6. Denied.

7. Admitted in part and denied in part. The Commonwealth concurs that the media coverage has been extensive. The Commonwealth denies that the coverage has been inflammatory, sensational and highly inculpatory.

8. Denied. The Commonwealth believes that a fair and impartial jury can be selected.

9. Denied. The Defendant fails to note that the Commonwealth is responding to motions filed by Defendant-Cuadra and/or Kerekes. The Commonwealth's answers are required for the court to render its rulings in this case. The Commonwealth notes that the Defendants have issued press releases and provided information to "Out" magazine which thereafter published an article concerning this case.

WHEREFORE, the Commonwealth requests this Honorable Court to defer ruling on this motion until the litigants and the court can gauge the effect of this publicity after individual voir dire.