Judge Weighs Options In Possible Venue Change In Marmolejo Retrial

Courtroom availability and financial concerns are just a few of the issues Judge Gonzalo Garcia will have to mull over before he decides if and where to move David Marmolejo’s new trial.

Mamorlejo is accused of killing his mother, Gloria Marmolejo, and dumping her body in the Santa Teresa desert in July 2009. Garcia declared a mistrial when the jury could not reach a verdict in the case.

While the District Attorney’s office and the defense can chime in with their opinions, the ultimate change of venue decision falls on the judge. Garcia mentioned Austin and San Antonio as possible venue options. The judge said he will check to see if there are any available courtrooms in those cities that would be able to accommodate a two-week long trial.

Garcia also voiced concerns that the recent elections will usher in a host of new judges ready to get working on their dockets and unwilling to give up their courtroom for two weeks.

Neither the judge’s office, the District Attorney’s office or the defense is constrained by a set budget, but the judge’s court coordinator said calculating how much money it will cost to move the trial out of El Paso will play a factor on where the case ultimately ends up. Because the gag order is still in place, no one was able to say how much money each office has set aside for a possible change of venue.

The judge said if he decides to try the case here in El Paso again, it will begin either in February or March. If it’s moved out of the county, the judge said the trial will probably not take place until the start of the summer.

The next hearing for this change of venue motion is set for two weeks from today.