"Defense attorneys for sniper suspect John Lee Malvo asked a judge Thursday to bar the public and the press from a preliminary hearing Tuesday that will outline some of the evidence against him. A Juvenile and Domestic Relations Court judge will hear arguments on the motion Friday afternoon. "

Unfortunately, we doubt the defense will prevail. But, the additional negative publicity may help Malvo in a future change of venue motion--which we think should be granted. Judge Matsch wrote an excellent opinion on the topic when he granted a motion by McVeigh and Nichols to move their trial outside of Oklahoma. [We say "trial" as opposed to "trials" because at the time he granted the motion, the two cases had not been severed yet for trial.] You can read the opinion here.

It may be tougher for Malvo and Muhammed to get a change of venue because the case is in state court, as opposed to federal court-- but the Judge should at least move their trials to a county in Virginia where the citizens were less directly affected by the attacks. Putting aside the issue of the effect of pre-trial publicity on the prospective jurors, there is also the issue that a large number, if not all, of the citizens of the Virginia counties where the two are charged felt personally victimized by attacks. A crime victim can't sit on the jury of the man accused of perpetrating the crime against her. At least in any other case that would be true.