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Nuxoll's Attorney: Unbiased Jury Not Possible in Murder Trial

NUXOLL IN COURT.jpg

A Nez Perce County judge is deciding whether a murder trial should be moved to another county. A decision wasn't made at Patrick Nuxoll's hearing Thursday, though there was agreement on all sides.

Nuxoll's murder trial was scheduled for March 19th, but one month later the court is still unsure if there will be enough jurors to hold the trial in Nez Perce County.

Nuxoll's defense attorney Rick Cuddihy is requesting the trial be moved after a jury questionnaire failed to produce enough people to seat a jury.

Cuddihy says they can't say for sure, but he credits increased media attention on the three-year old case.

"Specific to those questionnaires, I think that the bias in those questionnaires speaks for itself. Something tainted that particular panel. Both parties stipulated to the court that it was not an unbiased panel, and my concern was getting in that same predicament again," Cuddihy argued.

The prosecution, defense, and Judge Brudie agreed the last jury pool wasn't large enough, but the state argues against moving the trial based on that small group.

Judge Jeff Brudie is taking both arguments into consideration and is expected to come back with a decision in the coming weeks.

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