William Tringe has filed a motion to change the jury trial for Charles Turnell to a different county.
According to court records, the January 5 motion states that because of pre-trial publicity a fair and impartial trial to a jury cannot be had in Kearney County.
Judge Stephen Illingworth scheduled an evidentiary hearing on the motion for a change in venue for 11:00 a.m. March 11.
Tringe also filed a notice of intent to assert an alibi defense on Jan. 5.
Charles Turnell, 38, and his wife Sharon Turnell, 37, both appeared in Kearney County District Court on Wednesday. The couple are charged with child abuse resulting in death in the Dec. 22, 2009 death of four-year-old Landon Payne.
Sharon Turnell and her attorney Thomas Stewart waived the right to a jury trial, opting to have her case heard before District Court Judge Stephen Illingworth.
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