Judge Denies Change of Venue in Case of Eric Dimick - KiiiTV.com South Texas, Corpus Christi, Coastal Bend

Judge Denies Change of Venue in Case of Eric Dimick

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CORPUS CHRISTI (Kiii News) -

Judge David Stith denied a request Monday afternoon for a change of venue in the case of 20-year old Eric Dimick, one of the three men accused of kidnapping and raping an 11-year old girl in December of 2012.

Dimick's attorneys had asked for a change of venue because they said their client would not be able to receive a fair trial in Nueces County, citing local media coverage of the case. Dimick's mother also took the stand in her son's defense, but in the end, the judge decided otherwise.

"In my research in the case law, news stories, whether print, radio or television, that are accurate or objective in their coverage, are generally considered to be non-prejudicial," Stith said. "So at this point, I'm going to deny the motion to transfer venue."

Ken Botary, Dimick's attorney, stands by his motion that his client will not get a fair trial in Nueces County.

"I think that, because of the amount of publicity that this case has generated, it's going to be next to impossible to get a jury," Botary said. "I hesitate, for one thing, that jurors now are going to either deny that they heard anything or deny that it's affected them, and I doubt that."

It was Dec. 22, 2012, when Dimick, along with Jacob Musich and Colton Visor, kidnapped the 11-year old girl while she was riding her bicycle in the southside of Corpus Christi. They then took her to Padre Island and allegedly raped her before leaving her at the beach.

Musich, the first of three to go to trial, was found guilty and sentenced to life in prison. Visor took a plea deal, offering to testify against Dimick as part of that deal.

Dimick's trial is set to begin June 16.