A man accused of setting a September 2002 fire that resulted in the death of a Terre Haute firefighter cannot get a fair trial in Vigo County, a defense attorney reiterated in a motion filed Monday.
In the court document, Jim Organ asked that the Feb. 23 trial for Byron Layton III be moved out of Vigo County.
Layton, 33, is charged with the murder of fire Capt. Ralph Stott and two counts of arson resulting in bodily injury stemming from injuries to two other firefighters battling a Sept. 30, 2002, fire at Russell's Garage and Body Shop. Stott was killed and the others injured when a cinder block facade on the building collapsed.
Police allege Layton -- who worked at Russell's as a mechanic -- started the fire to get back at his boss.
Organ, Layton's public defender, requested a change in venue last year, which Judge Michael Eldred denied in May.
Citing additional evidence, Organ asked Eldred this week to reconsider the request. Eldred had not ruled as of Tuesday afternoon.
In his motion, Organ suggested that the media coverage in Layton's trial has met or exceeded that of two other high-profile Vigo County cases -- those of Marty Ketner and Courtenay Scott. In both those cases, changes in venue were approved.
Ketner, who was charged with the attempted murder of Vigo County schools superintendent Dan Tanoos, was acquitted in June by a Hamilton County jury.
Scott, a former Terre Haute day-care provider, pleaded guilty last month to reckless homicide in connection with the May 2002 death of 2-year-old Alexis Williams. Scott's case, which is set for sentencing Feb. 19, had been moved to Hamilton County.
In the three-page motion, Organ detailed the media's coverage in the aftermath of Stott's death. Television broadcasts, along with repeated newspaper articles, described flowers, notes and food left at Stott's former firehouse, Station No. 11.
In addition, the continued coverage included Layton's arrest. The case was listed by the Tribune-Star as one of the top three crime stories of the year for 2002, Organ noted.
Because of the high-profile nature of this case and the community's interest, the only way for Layton to receive a fair trial is to either move the trial to another county or pick a jury from elsewhere.
"Denying this motion will violate Mr. Layton's fundamental state and federal constitutional rights," Organ wrote in the motion.
Despite Organ's request, the process for calling prospective jurors began Tuesday. In all, 120 people are expected to be called to appear for jury selection Feb. 23; an additional 60 are scheduled, if needed, a day later.
