Updated 07/12/2011 06:02 PM

Elisa Baker attorney asks to move trial out of Catawba County

By: Becky Bereiter

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CHARLOTTE - Elisa Baker's attorney filed a change of venue motion Tuesday.

She is charged with second-degree murder in connection with the death of her stepdaughter, Zahra. Baker's lawyer Scott Reilly says because of the large amount of publicity the case has received, it would be impossible for her to get a fair trial in Catawba County.

A judge will now have to determine where her trial will be heard and where the jury will come from.

"I just think she should be tried where the crime was committed,” said Hickory Mayor Rudy Wright.

He said the small city would be more than ready to host the highly-anticipated trial and the scores of media outlets attending.

"Didn't the Casey Anthony case take place at the scene of the crime?” he questioned. “She can get a very fair trial here."

Attorney Brad Smith said Baker's lawyers made the right move in filing the motion.

"What the next step will be is what county has a similar demographic makeup, population, etc. to Catawba County and what county the case will be moved to,” said Smith, who thought Rutherford County could be in contention.

Smith said the public should know that any change of venue comes at a cost to taxpayers, who must foot the bill to bus the 12-member jury back and forth.

Elisa Baker's next court appearance is scheduled for Thursday. Her lawyer did not say when the change of venue motion would be heard.

Meanwhile, Baker's husband, Adam, made another brief appearance in Catawba County court Tuesday on charges not related to his daughter's death. His lawyer, Scott Killian, wouldn't comment on whether he would also seek a change in venue for his client.

Baker is currently on an ICE detainer and wearing an ankle monitoring bracelet but Killian maintains he is not a flight risk, adding Baker even plans on attending Elisa Baker's trial.

"He just wants to see that justice is done in Zahra's case, like any father would," said Killian.

Adam Baker has not been charged in connection with his daughter’s death. His next court appearance is scheduled for Sept. 6.