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Defense Attorney For Wyman Case Enters Motion For Change Of Venue, Statement Suppression

Chief Public Defender,  Frank J. Nebush, Jr
Jeanette Lenoir, WIBX

Utica, NY (WIBX) - The Attorney representing the Augusta man who stands accused of killing Oneida County Sheriff Deputy Kurt Wyman during a domestic incident that resulted in a 6 hour standoff with police in June, is asking the Judge for a change of venue. Chief Public Defender, Frank J. Nebush, Jr.,  says it’s due to the publicity surrounding the case.

Nebush said, “There’s been so much publicity surrounding not only this case but other cases involving police officers–from 2006 when officer Corr was shot in New Hartford, and also 2008 when officer Thomas Lindsey was shot in Utica. The media has really focused on this case because of a death of another police officer.” Nebush says he also made a motion to suppress a statement his client made at the time of his booking.

He says all the factors involved could prove difficult in choosing an impartial jury. When asked about the chance of the Judge granting the change of venue motion, Nebush said, “I doubt at this point that the Judge will grant a change of venue. Normally what happens is that once you start jury selection it gives the Judge a better idea and it gives us a better idea if in fact the jury pool is tainted by pretrial publicity.”

He says at this point 41-year-old Christian Patterson has not been offered a plea deal by the Oneida County District Attorney, and is still facing life in prison without the possibility of parole. The trail is scheduled for December 5, 2011. The next date for prosecutors to present its motions is September 27. The jury selection process starts on the same date as the trial.

When asked about his clients medical and emotional condition, Nebush said, “Medically he is progressing and he is improving.” Nebush also goes on to say, “He’s cooperating with us in putting our case together.” Patterson was shot several times by other officers on the scene after he fired the fatal shot that claimed the life of Deputy Wyman.

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