News from May 22, 2003 issue

Judge to rule on chicken venue

District Judge Rene Williams will rule by Friday on whether to allow the so-called chicken case to be moved out of Crittenden County.

Attorneys for defendants Tyson Foods and B&G Poultry asked to move the trial out of Crittenden County because of pre- and post-trial publicity.

Crittenden County Attorney Alan Stout, who is prosecuting the case, said it would be a slight to people of this county to move it.

Both sides presented brief oral arguments in front of the judge Wednesday morning.
In their motion for a change of venue, defendants cited multiple articles from local, regional and statewide newspapers that made references to the first trial and even some of the post-trial comments by prosecutor Alan Stout and jurors. The motion said that 40 news articles appeared throughout the Commonwealth after a mistrial was declared in February.

It even cited a Crittenden Press article describing a suit later filed against the judge, who Tyson said had mishandled the case to that point. That particular action is still pending in the Kentucky Court of Appeals where a ruling is expected at any time.

The defendants' attorneys went on to claim that there is a "general bias" against their clients in the community. Eleven local individuals signed affidavits claiming they do not think the defendants can get a fair trial in Crittenden County. Several affidavits were also filed by the prosecution that claim a fair trial can be heard here.

Stout's response to the defendant's request for a change of venue pointed out that state law does not provide for a change of trial location in District Court cases. He also noted that during the last trial, jury selection took very little time as only five of 120 potential jurors were dismissed.

"The people of Crittenden County are perfectly capable," Stout said, of hearing the case and rendering a fair verdict. "It would be a slap in the face to the people of this county if the court summons a jury from another area to hear a case about an offense committed in this county."

UPDATE: The case is scheduled to go to trial June 2. It revolves around nuisance charges filed by several local residents.
Judge denies change of venue, Chicken trial is Monday
On Friday, Crittenden District Judge Rene Williams overruled a motion by defendants Tyson Foods and B&G Poultry to have the so-called local chicken case moved to another county. She also declined to allow jurors from another county to be brought here for a trial that is scheduled to begin Monday. This will be the second trial in the case. The first one ended in a mistrial in February.
The Kentucky Court of Appeals has been asked to overturn a Crittenden Circuit Court ruling which denied an immediate stay in the case. Unless the appeals court issues a late ruling, the case is set to be retried next week. Jury selection will begin at 9 a.m., in District Court.

Kemper dies in tractor accident
A Tolu man died last Thursday night when the 826 International tractor he was driving flipped over, trapping him beneath it.

John Kemper, 60, was attempting to round up some loose horses in a previously plowed field off Ky. 135 just east of Tolu when the accident happened at about 6:15 p.m.

Kemper's wife, Nancy, was nearby and heard the accident. She called 911 for help, but assistant coroner Britt Gilbert said Kemper probably died instantly. He was trapped beneath the tractor for a couple of hours before neighbors used their personal farm equipment to free the body.

Kemper's death is the third tractor related death in Crittenden County in the last five years.