
Defense attorneys for Jacob Heil have filed motions in the case to question potential jurors, exclude some evidence from the trial, and to request the jury visit the crash site.
The former University of Kentucky student is accused of reckless homicide and DUI following a September crash hitting 4-year-old Marco Shemwell near Kroger Field. Shemwell would die from injuries sustained in the crash.
Heil’s attorneys have filed a motion to be able to question potential jurors individually about how much they already know about the case.
In the motion, Heil’s attorneys argue media coverage of the case “continues to be pervasive, emotional and powerful,” and it’s expected to continue.
The attorneys argue that if Heil is to receive a fair trial, it is “critical that the court and counsel be allowed to question jurors individually on the limited issue of pre-trial publicity.”
Heil’s counsel is also asking for the court to exclude photos of Shemwell’s tennis shoes from the day of the crash. They argue the shoes serve no purpose “other than to garner emotional reactions from the jurors.” Attorneys say the shoes are irrelevant to the charges and, if introduced in court, would unfairly prejudice Heil and be a “clever way to villainize the defendant in the eyes of the jurors.”
The counsel also filed a motion to have the jurors, once selected, visit the crash scene.
Heil’s attorneys argue a crucial dispute in the case is whether or not Shemwell was in the road or standing by it when Heil crashed. They believe a scene visit would allow the jury to reach a fully informed verdict.
The counsel is also asking that Heil’s preliminary breath test taken at the scene of the crash be excluded from the trial. They cite a state law saying the test is admissible for establishing probable cause but is inadmissible to prove guilt or for sentencing.