Judge to hear change of venue motion in Dunn trial

Michael Dunn appears in court for a pretrial hearing.

JACKSONVILLE, Fla. – On Thursday a judge is scheduled to hear arguments about Michael Dunn's retrial and whether the case should stay in Jacksonville or be moved somewhere else.

On Monday, the judge pushed back the hearing on seven motions, including a request from Dunn's defense attorney for a change of venue.

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Dunn is accused of killing 17-year-old Jordan Davis in a dispute over loud music at a Southside gas station in November 2012.

In February, jurors deadlocked on whether Dunn was guilty of first-degree murder in Davis' killing but convicted him on three counts of attempted murder for shooting at three other teens in the SUV that Davis was riding in.

Attorney Randy Reep, who is not affiliated with the Dunn case, believes Dunn's retrial will stay in Jacksonville with Duval County jurors.

He said the pretrial publicity is a legitimate concern but said that's what the jury selection process is for.

"I don't know if I understand the tactic, because the same jury problems for Michael Dunn and the publicity of this case are going to exist in any county in Florida that is similar to Duval County," Reep said. "I think ultimately, Judge Healey keeps the trial here and it's a jury from Duval County."

Davis' mother, Lucy McBath, told News4Jax on Monday that she's been focused on prayer and meditation before a judge hears arguments on the seven motions Thursday.

"To be honest with you, I was a little angry at first," McBath said of the delay. "I was a little angry. Because I felt like we've been through this before. You know, we need closure. We want to move forward."

McBath also said she believes the trial's venue should not be moved.

"My mindset has been that there have been other major trials and cases throughout the country that have had far greater attention and those venues were not changed," McBath said. "So, why would we have to change ours? You know, I believe Michael Dunn will get a fair trial here."

News4Jax has obtained the change of venue motion filed by Dunn's defense attorney Waffa Hanania. In it, she said the case has generated: "A tremendous amount of pretrial publicity ... some of which has been erroneous and misleading, and all of which has been extremely prejudicial to the defendant."

Reep said he understands the premise of the motion.

"I think it's a legitimate concern for a defense practitioner," Reep said. "There's a lot going on there. That is why we have the ability to interview jurors. To find out if they show up to the jury panel and if they show up with a predisposition one way or another."

Jury selection in the trial is slated for Sept. 22.