Attorneys don't ask for venue change

Attorneys for a man accused in a 1998 motel-room beating death, said Monday they won't ask to exclude the press from pretrial hearings and will not file a motion for a change of venue -- just yet.

"Co-counsel didn't want to pursue it," said Day Williams, attorney for Rocky Boice Jr., about excluding the press.

Boice is scheduled Aug. 26 to be the first of 10 defendants to go to trial in the Aug. 23, 1998 murder of Sammy Resendiz.

Williams said until he has a feel for what potential jurors have been exposed to in the media, he will not be able to ask for a venue change although he reportedly was going to file a motion last week.

In that motion, Williams argued Boice would not be able to get a fair trial considering "the crime took place nearly four years ago, (and) this case is still drawing headlines in the local newspaper."

Defendants, Boice Jr., Clint Malone, Frederick Fred, Lew Dutchy, Julian Contreras, Jessica Evans, Jaron Malone, Elvin Fred, Sylvia Fred and Michael Kizer all entered not guilty pleas to felony charges of open murder, battery with a deadly weapon and burglary and gross misdemeanor conspiracy to commit battery with a deadly weapon.

Resendiz and Carlos Lainez were attacked in a room at the Round House Inn following a party there where Evans was reportedly insulted and struck by a Hispanic man. The prosecutor alleges the group of defendants went to the motel room in retaliation.

Trial dates for the other defendants have yet to be set.