The public defender representing a man accused of killing a Burlington High School student wants his client's first-degree murder trial moved out of Des Moines County because of extensive coverage in the media.
Allen Cook III, who was appointed to represent Jaron Purham in the killing of Kedarie Johnson, filed a motion Thursday morning in Des Moines County District Court asking the trial be moved from Burlington to another jurisdiction to ensure his client receives a fair trial.
"To require the defendant to try this matter in Des Moines County, in light of all the publicity, would constitute a deprivation of the defendant's (constitutional) right to a fair and impartial jury," Cook wrote in his motion.
Cook, a public defender based in Ottumwa, said he has discussed a change of venue with Des Moines County Attorney Amy Beavers and Christopher Perras, a civil rights attorney with the U.S. Department of Justice, and "they do not oppose a change of venue in this matter."
In his motion, Cook did not list jurisdictions where he believes the trial could be moved to avoid any conflicts in selecting a jury.
District Judge Mary Ann Brown will decide at a pretrial hearing at 3:30 p.m. Monday at the Des Moines County Courthouse whether Cook's request should be granted.
Purham's trial is tentatively scheduled to begin Feb. 20 in Des Moines County District Court. However, court officials said it is likely the trial will be continued until later this year. Purham has waived his right to a speedy trial.
The 25-year-old Purham, who is from St. Louis, is the second of two men charged with first-degree murder in the March 2, 2016, torture and execution of Kedarie Johnson, a 16-year-old gender-fluid youth, whose body was found dumped in an alley behind a residence on South Hill. The first, Jorge “Lumni” Sanders-Galvez, was convicted in November in South Lee County District Court of first-degree murder and sentenced in December to life in prison without parole.
Sanders-Galvez's trial was held in Lee County on a change of venue based on a variety of issues, including excessive pretrial publicity and the lack of racial diversity among the panel of potential jurors in Des Moines and Henry counties.
Cook cited a similar concern about pre-trial publicity in his motion.
"Throughout that trial, many (newspaper) articles relayed information regarding evidence that was presented in that case — particularly, evidence which intended to show that (Purham) may have been responsible for this offense," he wrote. "Due to the extensive media coverage ... there is a substantial likelihood that a fair and impartial jury (cannot be impaneled in Des Moines County)."
In a related matter, Brown approved a request Thursday allowing Perras to participate in the prosecution of Purham. Perras, who is based in Washington, D.C., participated in the prosecution of Sanders-Galvez.