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Motion Denied to Move Teens’ Trial in Girl’s Death

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Times Staff Writer

A judge in San Bernardino on Thursday denied a motion for a change of venue in the trial of two teenage boys accused of murdering a 16-year-old girl from Highland.

However, Superior Court Judge Bob N. Krug said he might reexamine the motion if the court finds that the jury pool has been influenced by the publicity surrounding the girl’s death, said Lewis Cope, deputy district attorney in San Bernardino County.

Krug also ruled that the jury pool would be drawn countywide and not just from several cities covered under the central San Bernardino district.

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Jonathan Lee Stephens, 19, and Joshua Curnette, 16, are accused of killing Christy McKendall in the San Bernardino Mountains in April 2002, smashing her head with a eucalyptus tree branch.

Defense attorney Julian Decre had asked that the court select jurors from the Victorville area, arguing that residents from the High Desert are less likely to be influenced by local newspaper coverage.

Decre’s motion was an alternative to a request by Stephens’ attorney, James Gass, who had asked the judge to move the trial to another county. Gass’ motion also was denied by Krug on Thursday.

The prosecutor’s office had argued that a fair trial was possible in San Bernardino. Cope said the court has a process to exclude jurors who have formed an opinion on the guilt or innocence of the defendants from serving on the panel.

“I think we’re going to find a jury that’s perfectly fair and able to follow the law and the instructions the judge gives them and the evidence presented,” Cope said. The trial is expected to start Oct. 27 and last four weeks, he said.

McKendall, a student at San Gorgonio High School in San Bernardino, was killed after allegedly being lured to Little Sand Canyon by Stephens, Curnette and a 14-year-old boy she reportedly had a crush on. Five days later, her body was found dumped in a well.

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Later, Curnette allegedly told San Bernardino police that Stephens repeatedly smashed McKendall’s head with a tree branch, then had sex with her body before they dumped it in the well.

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