2nd change of venue sought in Salisbury Mall slaying case

January 31, 1992|By William Thompson | William Thompson,Eastern Shore Bureau of The Sun

DENTON -- Defense lawyers for the man accused in last fall's killing of a Salisbury State University student have made an unusual second request to relocate the trial, even though an earlier motion for a change of venue was granted.

The trial of 33-year-old David Anthony Boyd, charged in the fatal stabbing of Heather Miller at a Salisbury shopping mall Sept. 9, had already been moved from Wicomico County to Caroline County at the request of Mr. Boyd's lawyers.

His public defenders are scheduled to present arguments for a second venue change to Caroline Circuit Judge J. Owen Wise on March 12.

After yesterday's pretrial scheduling conference here, public defenders John Rue and Carolyn Mathers declined to explain why they want the trial moved again. Prosecutors are seeking the death penalty.

Judges routinely agree to a change of venue if they believe pretrial publicity or other factors might prevent a fair trial. But Judge Wise suggested yesterday that jurors "untainted" by knowledge of the Salisbury slaying might be found in the northern area of Caroline County.

He said that if the new motion for a change is denied, the trial could begin April 20. He will set aside three or four days to select a jury, he said.

Police arrested Mr. Boyd in his Salisbury apartment Sept. 26. An employee of a Lower Shore processing plant, he was charged with first-degree murder, armed robbery, robbery and two weapons violations.

Miss Miller, a 17-year-old from Glenshaw, Pa., was stabbed to death in a restroom at Salisbury Mall less than a week after she began classes at the university.

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