Murder trial of alleged Yosemite killer could be moved to Seattle

FRESNO, Calif. - The murder trial for motel handyman Cary Stayner could be moved to Seattle, but a judge reserved ruling on the change of venue until Stayner agrees to it.

Prosecutors and Stayner's defense team agreed that Stayner could not be tried anywhere in California because of the amount of publicity has prejudiced the case.

They have proposed Seattle as a possible location for the trial, citing the proximity to a federal holding facility and that court's indication that it could accommodate the trial.

Stayner is accused of killing Yosemite National Park naturalist Joey Armstrong last July.

Federal Judge Anthony W. Ishii heard arguments on Thursday concerning the change of venue and several defense challenges to the government's pursuit of the death penalty in the case.

The trial was set for October 17, but Assistant Federal Defender Robert Rainwater hinted Thursday that because of the amount of evidence that he continues to get from the government, the trial may be delayed.

Ishii said he wants to be notified as soon as possible if either side expects to ask for a continuance.

Stayner, 38, has pleaded innocent to Armstrong's murder.

He also faces state charges in the murders of Yosemite sightseers Carole Sund, 42, her daughter Juli, 15, both of Eureka, and Silvina Pelosso, 16, of Argentina, who were killed five months earlier along the western outskirts of the park.

Stayner, who told authorities he killed all four women, will not be tried in the sightseer case until the Armstrong case is heard.

Ishii ruled Thursday that allegations Stayner sexually assaulted Juli Sund and Pelosso can be presented by the government at the Armstrong murder trial, even though he has not been tried on those charges.

However, Ishii left room for the defense to challenge the admissibility on a case-by-case basis.

Ishii also said that even if the trial is moved to Seattle, he will remain the presiding judge and all pre-trial motions will be heard in Fresno.