KCBD NewsChannel 11 LubbockFloyd County agrees to change Alpha Tex trial venue

Officials there say the animals were being neglected and were in poor condition.

Friday afternoon, both the owners and Floyd County were in court in Amarillo for a pre-trial hearing, where Alpha Tex owners asked for a change of venue.

 

Normally, the Alpha Tex case would be heard in Floyd County, but Friday's pre-trial hearing was heard by State District Judge John Board in Potter County, who was appointed to the case.

 

During Friday's hearing, the attorneys for Alpha Tex and its owners, Mark and Sandra Smith, asked to have their trial moved to a new venue.  The Smiths' attorney said the pair had received numerous death threats in Floyd County and feared for their lives.  The family did not believe the could receive a fair trial there, so they asked the judge to consider changing the venue to Briscoe County, which is Silverton.

 

After much debate in the courtroom, the attorneys representing Floyd County agreed to the change of venue.  However, instead of Briscoe County, they asked that the trial be moved to Lubbock County.  The attorneys for Alpha Tex said they were not comfortable having the trial take place in Lubbock because of the extensive media coverage they believed they received in Lubbock.

 

Judge Board suggested moving the trial to Randall County, which is Amarillo.  Both attorneys for Floyd County and Alpha Tex had no objection to that suggestion and both agreed to the change of venue.  The trial has been scheduled to take place in Randall County on January 17th.  There will be a 6-person jury.

 

The attorneys for Alpha Tex also asked that all of the key players involved in the case be subject to a gag order.  Alpha Tex's attorneys said the media coverage of the case was too extensive and they felt anyone with first hand knowledge of the case should be restricted from communicating with the media. 

 

Attorneys representing Floyd County said there was no need for a gag order, even saying it was "over the top."  Judge Board said he had been on the bench for 12 years and had never had an attorney ask for a gag order.  He decided to not make a ruling on the gag order, opting to review case law and decide what he would like to ultimately do.  He said he will make a decision on the gag order in the coming days and weeks.