The attorney for a young woman whose daughter allegedly died as a result of child abuse has asked a Hamilton County court to change the venue of her trial in September.
Media scrutiny of Traci Carpenter has been heavy since last fall when her ex-boyfriend, Brian Rutherford, was acquitted of first-degree murder and child abuse charges in connection with the 2006 death of 18-month old Sierra Carpenter.
Now Ms. Carpenter, 22, faces her own trial on one charge of aggravated child neglect. Witness testimony at Mr. Rutherford's trial fueled speculation that Ms. Carpenter's practice of repeatedly poking her finger into Sierra's forehead could have contributed to the child's death, as well.
Ms. Carpenter faces a mandatory 15 to 25 years in prison if convicted.
Her attorney, Lee Davis, indicated in the motion to change venue that the "emotional reaction" resulting from the fallout of Mr. Rutherford's acquittal has caused the case to be "highly publicized."
"It will be extremely difficult to find Hamilton County jurors who are impartial or who have not already formed an opinion regarding the incident," Mr. Davis writes in the court filing.
Mr. Davis wants a jury of people who do not live in Hamilton County. If the request is granted, potential jurors would be brought to Hamilton County Criminal Court for the duration of the trial.
Criminal Court Judge Don Poole is expected to rule on the matter Aug. 10.
After Mr. Rutherford's acquittal, prosecutors immediately said they still believed he was guilty and did not have any intention of upgrading Ms. Carpenter's charge to murder.
Particularly vocal against the district attorney's office have been Sierra's paternal grandparents, who said last fall that they wanted Ms. Carpenter held accountable for what happened to Sierra.
"I'm just at the ... point that someone is going to have to pay for my grandchild's death ... I guess I'm just going to have to start knocking down (District Attorney Bill Cox's) door," said Janice Carpenter, the paternal grandmother of Sierra.
The Hamilton County District Attorney's Office continually has declined comment on the case.
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