No Change of Venue in Murder Trial

9-10-04 - WALTERS, Okla. (AP) A Cotton County judge has denied a change of venue request for an ex-Duncan firefighter accused of killing a state trooper.

Lawyers for Ray Malone believe pretrial publicity about Trooper Nikky Green's death will make finding an unbiased jury nearly impossible.

Green was killed when he checked on a suspicious vehicle December 26th on a county road near Devol.

Prosecutors allege Malone and Green struggled before Malone got Green's gun and shot him.

Malone's attorney said yesterday that a telephone survey he commissioned shows 100 percent of those polled didn't feel strongly about Malone's innocence.

Cotton County District Attorney Robert Schulte requested that if an unbiased jury couldn't be seated in Cotton County, he'd join the defense in seeking a different location.