The judge defers on request for change of location

At a preliminary hearing for the accused Boulder King Soopers shooter Tuesday morning, the judge ruled on several procedural issues but has yet to rule on whether to move the venue of the trial outside of Boulder County.

Judge Ingrid Bakke also denied the defense lawyer's request to sequester the jury for the trial, which is scheduled to begin September 3.

Ahmad Al Aliwi Alissa's lawyers argued that the media coverage was a compelling reason to move, as they feared it would affect his fair and impartial trial.

“We are not saying that the coverage of the New York Times or CNN or the fact that global media outlets picked up this story is why the court should grant our request,” said Samuel Dunn, the lawyer. from Alissa. “We're saying that particularly here in Boulder County, the media coverage that you're receiving makes it seem like massive coverage of this factor.”

Defense attorney Kathryn Herold also raised concerns whether jurors choosing the case would remain “honest and comfortable” for such a high-profile case due to the press.

“I've heard horror stories from shadowing jurors trying to talk with jurors during jury selection,” Herold said. “I heard horror stories that they were recording their phones, following jurors and trying to get anything. The court can make orders. But the court cannot guarantee that everyone follows them.

Prosecutors say it would set an unwelcome new standard

Prosecutors argued that, if granted, the request would set a new standard for all high-profile cases.

“Many members of this Boulder County community have read and heard about this case, but this is not the standard for dismissing a juror. This is certainly not the standard for granting a change of venue request by the defense,” said Boulder County Deputy District Attorney Ken Kupfer.

Judge Ingrid Bakke agreed with both sides' points but deferred ruling on a change of venue.

“I've been clear since the beginning of this case, my number one goal is to get her to trial and to get her tried, but to get her tried in a way that she doesn't come back,” Bakke said Tuesday.

The lawyer and Bakke set deadlines for the jury questionnaires and decided that potential jurors would fill them out in the courtroom.

The case so far and what's next

Alissa, then 21, is accused of shooting and killing ten people at Table Mesa Kings Soopers in March 2021. Nine civilians and a police officer were among the victims.

The trial was long delayed due to Alissa's mental abilities.

Alissa spent 20 months at the Colorado Mental Health Institute in Pueblo before being declared mentally competent to stand trial in August 2023. In court documents, his lawyers said Alissa showed signs of schizophrenia. During his hospitalization, he was force-medicated and underwent several evaluations.

Alissa is scheduled to appear in court Wednesday morning for another motion hearing.

His trial date is set for September 3.