by TChris

Complaining that "sensationalistic" media coverage based on "inaccurate information from law enforcement" has made it impossible for Eric Rudolph to receive a fair trial in Birmingham, Rudolph's lawyers are seeking a change of venue. Rudolph is charged with bombing a clinic in Birmingham, killing a security guard and injuring a nurse.

The defense said the argument was reflected in polling it conducted. With only minor prompting, 97 percent of those polled were aware of the case and 65 percent said Rudolph was either definitely or probably guilty.

The defense also pointed out that, among those who supported the death penalty, "78 percent felt that the death penalty was a more appropriate punishment for Mr. Rudolph than life without the possibility of parole."

Yikes! When 65 percent of the likely jury pool have made up their minds, picking an unbiased jury becomes difficult at best. The defense polling indicated that while fewer citizens of Tennessee were predisposed to find Rudolph guilty and to impose the death penalty, the numbers were still high. Although the case received nationwide attention, potentially tainting the jury pool in any venue, fairness can best be achieved by moving the trial from Birmingham.