October Trial Date for Schmitt's Aggravated Battery Trial

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Published on May 18 2012 4:02 pm
Last Updated on July 14 2013 12:07 pm
Written by Greg Sapp

The prosecution Friday agreed not to contest a defense request for a change of venue outside Effingham County for the aggravated battery trial of Gary Schmitt.

Effingham County State's Attorney Ed Deters said he would not argue with the request as long as the trial date is set for October and no later.

Judge Kimberly Koester said she is checking with two counties elsewhere in the 4th Judicial Circuit as a site for the trial.  Koester said she'd have a decision on where the trial will be conducted early next week.

The defense sought the change of venue due to the publicity the case has received in Effingham County.  In the aggravated battery case, the 47-year-old Schmitt is accused of stabbing Jodi Bourland and her teenage daughter at their home in Edgewood in January 2011.

Deters also said he would not contest the move of the trial out of the county since there are two cases pending against Schmitt, the other being the murder case stemming from the death of Schmitt's father, Jack, at his home in June 2010.  He said he's not certain when the murder case will go to trial, but it will take place after the aggravated battery trial.

Another factor in when the cases will go to trial is that Deters is not seeking re-election and will be leaving office at the end of November.  He has indicated that he wants to get these cases resolved before his term ends.

A pre-trial hearing was scheduled in the aggravated battery case for Friday, July 6.