Batchelor — the daughter of the founder of Ken Batchelor Cadillac — is accused of driving intoxicated on the wrong side of the road on State Highway 46 outside of Boerne on June 2. Authorities said her Ford F-250 slammed into a car driven by 49-year-old David Belter, who died instantly.
Because the Facebook group has some 11,000 members, Martinez maintained that the single post about the case tainted 40% of all potential jurors in Kendall County. He further argued that all who read the post came away with a negative view of his client. However, in his response to Martinez's motion, Lipo noted that nearly 43,000 residents are eligible for jury duty in Kendall County. Even if Martinez is correct about the post's tainting effect, only 26% of the jury pool could have been swayed by negative media coverage, the DA added.
"Just because a case receives a high level of media attention does not automatically establish such prejudice that a defendant is entitled to a change of venue," Lipo wrote in the response filed May 3.
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