WICHITA FALLS (KFDX/KJTL) — A murder suspect who was previously convicted of murder was denied a change of venue for his retrial in Wichita Falls Monday afternoon.
Justin Love’s second murder trial will stay in Wichita County according to court documents filed this afternoon.
In a letter to attorneys this afternoon, Senior District Judge Robert Brotherton said he had reviewed the arguments and records in the motion to move the trial and that the supplemental motion to change the venue is denied. Love’s attorney filed an original change of venue motion last year, then withdrew it and filed a new one later.
Brotherton instructed the prosecution to prepare an order which he would then sign and send to the district clerk.
Brotherton presided over Love’s original murder trial and also rejected a request for a change of venue then.
That guilty verdict and 50 year sentence were overturned on appeal.
One of Love’s appointed attorneys, Wichita County Public Defender James Rasmussen, says there is no appeal possible of the denial to move the trial, until after the the trial, assuming a jury is seated in Wichita County.
Defense attorneys argued a fair trial could not be held here due to adverse publicity and prejudice against Love.
Prosecutors say a jury was successfully seated for Love’s first trial and that Love’s case is not as notorious as other murder trials that were moved out of Wichita County.
Jury selection for Love’s trial is set for June 6.