A Gallipolis man charged with rape is asking for a change of venue for his trial set to begin next week. claiming too much pre-trial publicity.
Levi D. Canterbury, 22, was charged with two counts of rape against a female Ohio University student on Sept. 10, 2011.
Canterbury allegedly picked up the student on Richland Avenue, drove her to a lit parking lot, raped her and dropped her off near the College Gate, according to court documents.
He then called 9-1-1, identified himself and said he picked up an inebriated woman who was heavily bleeding from her backside or lower leg.
Canterbury filed a motion in the Athens County Court of Common Pleas on Wednesday for a change of venue because he claims “extensive and ongoing pre-trial publicity” has made it impossible to find an impartial jury in Athens County.
Canterbury and his lawyer, William Eachus, collected 26 articles about his case from The Post, The Athens News, The Athens Messenger, WOUB and WSAZ, according to court documents.
They claim the articles have given the public an adequate basis to presume prejudice and impartiality about Canterbury’s case.
“(Athens County) has been so saturated with the facts underlying this case that it is impossible for (Canterbury) to receive a fair trial,” Eachus wrote in court documents.
Assistant Athens County Prosecutor Robert Driscoll filed a response to the motion also on Wednesday.
He claims the effects of pre-trial publicity cannot be determined until possible jurors have been questioned and asks the court to overrule and delay the motion until jury selection. Jury selection will begin Dec. 11 at 9 a.m.
“While there is no denying that this case has received a fair amount of attention in the media,” Driscoll wrote in court documents, “It must be noted that the media reports have refrained from any unnecessary and prejudicial characterizations of the crime.”
The court has yet to issue a response to the motion.
Canterbury is currently being held on $200,000 bond at the Southeastern Ohio Regional Jail. The court granted his request to wear regular clothing at his trial.
Canterbury could be sentenced to a maximum of 20 years in prison and a fine up to $40,000 if convicted of both rape charges, according to the Ohio Revised Code.
ml147009@ohiou.edu
