Rory Kuenzi

Rory Kuenzi

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Kuenzi wants hit & run trial moved

Cites phone survey, deer case ruling

Updated: Tuesday, 13 Jul 2010, 11:46 AM CDT
Published : Tuesday, 13 Jul 2010, 11:13 AM CDT

WAUPACA - Rory Kuenzi, the suspect in a 2004 fatal hit & run crash, wants his trial moved from Waupaca County.

Kuezni is scheduled to stand trial Nov. 15 for the crash, which killed Kevin McCoy.

In documents filed this week, Kuenzi's attorneys filed for a change of venue, citing what it called "community prejudice."

Kuenzi's attorneys commissioned a phone survey of county residents to ascertain community views of their case and client. They also note that in a separate case - where Kuenzi and two others are accused of running down deer with their snowmobiles - that a similar change of venue motion was granted.

"The attached affidavits and respective exhibits clearly show a reasonable likelihood that Mr. Kuenzi cannot obtain a fair trial if this case proceeds to trial in Waupaca County or with a Waupaca County jury," argue attorneys Troy Nielsen and David Dickmann.

The case's prosecution is being handled by the Attorney General's office. The state has not been served with the motions yet and therefore is declining to comment at this time, according to a department spokesman.

The motion is expected to be heard at an Aug. 18 hearing before Judge Philip Kirk.

As for the "deer thrill kill case," it is still on hold pending review by the Court of Appeals.

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