Rory Kuenzi will have outside jury

WAUPACA, Wis. (AP) - Rory Kuenzi faces up to 27 years in prison for the January incident where police say he and two others rounded up deer and repeatedly ran them over with snowmobiles.

But the publicity his attorney is worried about isn't from this case. Kuenzi was suspected but never charged in the 2004 hit-and-run death of Kevin McCoy.

"I think it's going to be impossible to find someone who doesn't know who he is and two doesn't feel that he avoided justice and this forum to hammer him, so to speak," said Kuenzi's attorney Troy Nielsen.

Nielsen points to a lengthy article in Scene Magazine that attempts to connect Kuenzi to the case. He says this is one of the main reasons his client would not receive a fair trial with local jurors.

McCoy's mother, Kathy Marsden, spoke with FOX 11 at one of Kuenzi's court appearances in January.

"I don't feel like there was remorse for Kevin either," she said. "I just want to get to the real truth. I want to get it out there."

Waupaca County Judge Philip Kirk says he's received countless letters, e-mails and phone calls about the deer case. He says many of them mention McCoy's death as well.

"In this case we aren't trying anything to do with any allegation whether they materialize or not involving him," said Kirk. "But why should we allow that poison to infect the process of this trial."

With that, he ruled if the case goes to trial the jury will come from another county.

Because of economic reasons, Kirk said he will not start the change of venue process for the jury until the attorneys assure him there will not be a plea deal in the case.

Again Rory Kuenzi has not been charged in connection with the hit and run death. He and his brother Robby have pleaded not guilty to charges involved with the deer deaths. The third suspect, Nicholas Hermes is expected to enter a plea later this month.