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Trial in Slaying of Yosemite Naturalist May Move to Seattle

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From Associated Press

The murder trial of motel handyman Cary Stayner could be moved to Seattle, but a judge on Thursday delayed ruling on a change of venue until the defendant agrees to it.

Prosecutors and Stayner’s defense team agreed that he could not be tried anywhere in California because the amount of publicity here has prejudiced the possible jury pool.

They have proposed Seattle as a possible trial site, citing the proximity to a federal holding facility and that court’s indication that it could accommodate the trial.

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Stayner is accused of killing Yosemite National Park naturalist Joie Armstrong last July.

U.S. District Judge Anthony W. Ishii heard arguments on Thursday concerning the change of venue and several defense challenges to the government’s pursuit of the death penalty in the case.

The trial was set for Oct. 17, but Assistant Federal Defender Robert Rainwater hinted Thursday that because of the amount of evidence that he continues to get from the government, the trial may be delayed.

Ishii said he wants to be notified as soon as possible if either side expects to ask for a continuance.

Stayner, 38, has pleaded innocent to Armstrong’s murder.

He faces state charges in the murders of Yosemite sightseers Carole Sund, 42, and her daughter Juliana, 15, both of Eureka, and Silvina Pelosso, 16, of Argentina, who were killed five months earlier along the western outskirts of the park.

Stayner, who told authorities he killed all four women, will not be tried in the sightseer case until the Armstrong case is heard.

Ishii ruled Thursday that allegations that Stayner sexually assaulted Juliana Sund and Pelosso can be presented by the government at the Armstrong murder trial, even though he has not been tried on those charges.

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Ishii left room, however, for the defense to challenge the admissibility on a case-by-case basis.

Ishii said that if the trial is moved to Seattle, he will remain the presiding judge and all pretrial motions will be heard in Fresno.

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