CANTON — The Appellate Division of state Supreme Court in Albany denied a motion Thursday to have Harry E. Klages II's trial moved from St. Lawrence County because of intense media coverage.
The appellate judges unanimously rejected the motion made by Klages's attorney, Public Defender Brian D. Pilatzke. The one-page decision didn't include a reason for the rejection.
"The plan now is to wait and go through jury selection here," Mr. Pilatzke said Thursday. "We want to see if the jurors have formed an opinion about the case using a special jury questionnaire."
Mr. Pilatzke said he reserved the right to renew the motion when jury selection starts, should he believe Klages cannot receive a fair trial here after reviewing the questionnaires.
The 15-page motion lists several examples of how "the prejudicial nature of the news coverage has made impaneling a fair and impartial jury impossible." The attached exhibits include several articles from the Watertown Daily Times and other media outlets in the region.
Cited as examples in those clips:
■ St. Lawrence County Chief Assistant District Attorney Alexander Lesyk said it was "the most heinous crime I have seen."
■ His father, Harry E. Klages, likened his son to "The Exorcist."
■ The victim's sister, Neila Torres, was quoted as saying, "I can't believe this animal did this to my brother."
Klages, 26, of 411 S. Main St., Apt. 6, Massena, is accused of torturing Andrew W. Lesperance by mutilating both of his eyes, slicing open his abdomen from his groin to just below his chest, cutting off his penis and trying to cut off his left leg below the hip.
The attack took place Jan. 31 at Klages's apartment after a party. Police were called when an intoxicated Klages called his father to say he had done something "he wasn't very proud of."
He pleaded innocent in August in St. Lawrence County Court on charges of first-degree attempted murder and six counts of first-degree assault. He rejected a deal by prosecutors to serve up to 25 years in state prison for assault in exchange for dropping the other charges.
Jury selection is slated to begin early next year.