Judge rejects request for venue change in fatal DUI case

WATSEKA – Iroquois County Judge Susan S. Tungate denied a defense attorney's request for a change of venue for the trial of an illegal immigrant facing aggravated drunken driving charges in connection with an accident that caused the death of a Buckley man.

Bradley attorney Joseph Anthony filed a motion last fall for a change of venue in the case against Luis Alcantar of Onarga, who has pleaded innocent to charges of aggravated drunken driving causing death. Marvin Dettmering of Buckley died from injuries in the car crash on Sept. 2, 2007.

The motion requested the trial be moved from Iroquois County to Kankakee County because recent newspaper coverage of the case "was pervasive, widespread and prejudicial to the defendant."

Assistant State's Attorney Susan Barker objected to the motion.

State's Attorney Jim Devine said in a telephone interview Wednesday that the judge had little choice but to deny the motion, because there was no proof presented in court that the newspaper stories prejudiced a potential jury pool in Iroquois County.

"In a change of venue, you've got to do more than just present newspaper articles that are arguably unfavorable to a defendant," Devine said.

The case is tentatively scheduled to go to trial the week of Feb. 2.

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