SEVERE WX : Flood Warning View Alerts

Accused teacher's trial venue under advisement

A Tippecanoe County judge is still deciding whether to grant Joseph Kimerer's request for an out of county jury.

Posted: Aug 1, 2018 7:14 PM
Updated: Aug 1, 2018 7:17 PM

LAFAYETTE, Ind. (WLFI) — Is the former Earhart Elementary teacher accused of sex crimes against children getting too much coverage for a fair trial? That's what his attorney thinks.

A judge is taking the matter under advisement. 

Earl McCoy is representing Joseph Kimerer who faces several counts including vicarious sexual gratification with a child, inappropriate communication, child exploitation, and child solicitation.

McCoy argues people in Tippecanoe County have already made up their minds about those charges. 

He said the comment section in online news reports are the most concerning.

McCoy said he has seen the local bias about this case first hand.

"There have been people that have commented to me that they have supported me in endeavors in the past but would not support me if they had known that I was working on this particular case," said McCoy. 

He also described another situation where a woman approached him at a local grocery store. 

"She looked at me and said, 'How does it feel to be the most hated attorney in Lafayette?' And I said, really? Just because of one case? And she said, 'Yeah, because of one case.' Talking about this particular case," described McCoy.

McCoy isn't asking to send the trial to another county. He wants to pull a jury from somewhere else and place them in Tippecanoe County.

McCoy also argues his client knows a substantial number of people in the community because he taught and coached here.

He said there are multiple alleged victims who have local connections as well.

Different alleged victims is one reason McCoy believes there should be multiple trials in this case.

McCoy said he plans to file a motion to sever the charges because he feels some of the crimes and victims are unrelated to each other.

The state quoted several similar case rulings to defend its argument that this case did not meet the standard to move the trial out of county. Prosecutors also said extensive news coverage alone does not prove an unfair jury.

However, the burden of proof in this motion of a change of venue is on Kimerer, not the state. 

McCoy submitted 24 exhibits of evidence for the judge to review. 

We will continue to cover this case and bring you the latest on the judge's decision, here and on News 18. 

Lafayette
Cloudy
49° wxIcon
Hi: 61° Lo: 39°
Feels Like: 45°
Kokomo
Cloudy
43° wxIcon
Hi: 61° Lo: 37°
Feels Like: 38°
Rensselaer
Cloudy
41° wxIcon
Hi: 49° Lo: 34°
Feels Like: 36°
Lafayette
Cloudy
49° wxIcon
Hi: 59° Lo: 36°
Feels Like: 45°
Danville
Cloudy
45° wxIcon
Hi: 61° Lo: 38°
Feels Like: 39°
Frankfort
Cloudy
45° wxIcon
Hi: 62° Lo: 38°
Feels Like: 38°
Frankfort
Cloudy
45° wxIcon
Hi: 60° Lo: 37°
Feels Like: 38°
Monticello
Cloudy
41° wxIcon
Hi: 60° Lo: 38°
Feels Like: 37°
Monticello
Cloudy
41° wxIcon
Hi: 58° Lo: 38°
Feels Like: 37°
Logansport
Cloudy
° wxIcon
Hi: 60° Lo: 36°
Feels Like: °
Warmest weather since December is ahead with good timing with the weekend rainfall...
WLFI Radar
WLFI Temps
WLFI Planner

WLFI is promoting fire safety with FREE smoke detectors

 WLFI and several local fire departments are helping with your fire safety this winter. CLICK HERE. 

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 660071

Reported Deaths: 12531
CountyCasesDeaths
Marion904161633
Lake48298874
Allen35720633
Hamilton31970396
St. Joseph29796510
Elkhart25331412
Vanderburgh21192377
Tippecanoe19927199
Johnson16312356
Porter15917269
Hendricks15785300
Clark11913180
Madison11717315
Vigo11562229
Monroe10300159
Delaware9824179
LaPorte9739196
Howard9038195
Kosciusko8539108
Bartholomew7424147
Hancock7399130
Warrick7399150
Floyd7180167
Wayne6622191
Grant6413157
Boone606888
Morgan6066124
Dubois5890111
Dearborn544466
Cass542899
Marshall5414104
Henry541392
Noble508476
Jackson464165
Shelby459890
Lawrence4174111
Gibson400981
Harrison397863
Clinton394453
Montgomery385083
DeKalb384378
Knox356285
Miami356163
Whitley348435
Huntington341876
Steuben337455
Wabash330576
Putnam328259
Ripley326461
Adams322149
Jasper314843
White297152
Jefferson293773
Daviess285096
Fayette271156
Decatur270188
Greene260780
Posey260431
Wells257174
Scott250050
LaGrange240770
Clay240344
Randolph225376
Spencer216930
Jennings214344
Washington209927
Sullivan202939
Fountain201042
Starke187250
Owen181953
Fulton177937
Jay177528
Carroll176218
Perry173335
Orange170950
Rush164322
Vermillion160141
Franklin159135
Tipton145941
Parke138615
Pike127432
Blackford120527
Pulaski106544
Newton96531
Brown94839
Benton91713
Crawford90313
Martin80114
Warren75312
Switzerland7527
Union66910
Ohio52911
Unassigned0433

COVID-19 Important links and resources

As the spread of COVID-19, or as it's more commonly known as the coronavirus continues, this page will serve as your one-stop for the resources you need to stay informed and to keep you and your family safe. CLICK HERE

Closings related to the prevention of the COVID-19 can be found on our Closings page.

Community Events