June 11, 2014 — The trial of an Olive Hill man facing murder charges in Elliott County will be held in Morgan County.
Kyle Holbrook, 21, was indicted in April 2013 in the 2011 death of Dillon “Nemo” Bryant, 19, also of Olive Hill. Holbrook, through his attorney Brandon Music, had requested that the venue for the jury trial scheduled for Aug. 12 in Elliott County be moved.
Commonwealth's Attorney Brandon Ison was against the move and both lawyers argued their position in Elliott Circuit Court on Monday afternoon.
Music had filed a motion requesting that the venue be changed to Lawrence County because of the media coverage of the case in Elliott County.
“This has been the most talked about case in recent memory,” Music said. “I believe people have already formed a notion of guilt or innocence. We believe that Louisa is a fair place to hold this trial.”
“I don't feel that there is any issue that can't be addressed during jury selection in this county,” Ison said. “It is not in interest of the Commonwealth to not have a fair trial.”
Rowan County resident Mary Binion and Elliott County resident Cathy Justus took the stand on Monday. Both had previously signed affidavits supporting Music's motion.
Binion said she believed that Holbrook could not receive a fair trial in Elliott or Carter counties because many people had already formed their own opinion.
Judge Rebecca Phillips interrupted questioning of Binion, saying that Carter was certainly an inappropriate venue for the trial.
“We don't need to waste time on that,” Phillips said. “The victim and his family are from Carter County, Carter County Sheriff's office handled the initial case, the Carter County newspaper has covered it. Obviously Carter County is not the appropriate venue for this trial.”
After several minutes of questioning, Phillips asked Binion why her testimony was different than her signed affidavit.