Nichols said that he filed the response after Capone's defense attorney filed a motion for a change of venue. The trial stems from a domestic violence charge including second degree assault. Prosecutors allege Capone of attempting to strangle 40-year-old Rachael Anderson. The two were married before her disappearance in 2009, and he is considered a person of interest in the case.
Capone remains at the Asotin County Jail on a $1 million bond for the attempted strangulation charge.