Millerberg's attorney Randall Lee Marshall is asking the trial be moved to Salt Lake County or Summit County. He is concerned the 58 stories in the Ogden Standard Examiner has tainted the potential jury pool in Weber County.
Weber County Attorney Dee Smith says moving the trial would do no good because according to his court summary, "…all four local television stations ran news stories about A.R." (Alexis Rasmussen). For example, "ABC 4 shows twenty-nine articles that include eighteen videos...these television stations are broadcast to the entire State of Utah."
ABC 4 Utah performed a test in Weber County to check if the Ogden Standard Examiner has tainted the potential jury pool.
"Do you know who Eric Millerberg is?" asked ABC 4's Noah Bond. "The name doesn't ring a bell," Joey Heniger responded.
"Have you ever heard of Eric Millerberg?" Bond asked. "No," responded Lizzy Critzholow.
"Have you ever heard of Eric Millerberg?" Bond asked. "No I have not," Johan Happingh responded.
However, with some coaxing Happingh was able to recall something. "I didn't know his name, but I know about the case," Happingh said.
The next step is May 8 when judge Scott Hadley will hear arguments about whether to move Eric Millerberg's trial.