LAFAYETTE, Ind. (WLFI) — A judge denied two motions Tuesday morning in the case of a former Amelia Earhart Elementary teacher accused of sex crimes against children.
Joseph Kimerer appeared in a Tippecanoe County court Tuesday. Judge Steven Meyer denied Kimerer and his attorney Earl McCoy's motion for a test jury. McCoy told News 18 he wanted a test jury to ensure they are able to obtain a fair and impartial jury in Tippecanoe County.
He added, there has been a lot of coverage on this case being relayed to the public and the public's interpretation of that information has led to some pretty scathing comments.
"Those comments show that community members that are potential jurors, at least some, are being vocal about having already formed an opinion on this case even those the case hasn't proceeded to trial yet," said McCoy.
McCoy said anytime there's this type of activity on a case, it's in everybody's best interest to try and have a test jury. Meyer believes there is no need for that at this time.
Meyer also denied the State's motion to revoke bond. Back in June, police said the alleged victims that live close to Kimerer saw him at home on June 4. Prosecutors said one of his bond conditions was to not be in sight of any victims in this case.
"It's just incredibly difficult for him to continue to live in this area if those kind of restrictions are going to be put on him," said McCoy. "It's unimaginable that somebody could go to a restaurant to eat, somebody else in there sees them and then they're subject to having their bond revoked."
Meyer said this is an unusual situation that the alleged victim lives next door to Kimerer. He added that it's not in anyone's interest for Kimerer to be at his house now.
"In this particular case, I'm glad the court ruled the way it did," said McCoy. "I think it's excellent that the judge took the time to specifically outline exactly what he expects from Mr. Kimerer going forward."
A trial date was also set for Monday, December 3. The jury selection will begin at 1 p.m. A pre-trial conference is set for Friday, November 9. The change of venue date is still August 1.
As we previously reported, Kimerer is currently out on bond and it's been requested twice he be allowed to move out of state. One request was made at the beginning of the case and the second at another hearing. McCoy said the move would be beneficial for many of the parties involved in this case.
Kimerer was banned from school property on February 27th, after a victim's parent went to police. However, he was not arrested or identified until March 9th.
At the time, police said Kimerer taught his victims how to look up pornography on their cell phones and asked them to send him pictures of their genitalia. The victims were all boys aged 12 or 13.
Kimerer had been teaching 4th grade at the school for 18 years, after graduating from Purdue in 1999.
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