OGDEN -- The defense wants to move the location of Eric Millerberg's upcoming trial in the drug overdose death of his family's 16-year-old babysitter.
"I can't think of many cases that have had more publicity than this one," Randy Marshall, Millerberg's public defender, said Wednesday, a day after he told a 2nd District judge he'd be filing a motion to move the trial out of Weber County. "Common sense dictates this case requires a change of venue."
Judge Scott Hadley on Tuesday gave Marshall a Jan. 8 deadline to file the motion, with prosecutors to respond by Jan. 29. Oral arguments are set for Feb. 12. Trial has been set for July 22-Aug. 1.
The case has long been in the public eye, drawing coverage by local and Salt Lake City media. It began as a mystery with Rasmussen's disappearance, then turned into a whodunit followed by suspects identified long before they were officially charged.
Rasmussen's body was found hidden in a remote location in Morgan County on Oct. 18, 2011, five weeks after prosecutors believe she died while partying with the Millerbergs in their North Ogden home.
Millerberg's wife, Dea, has testified against him, saying he injected the teen with the drugs that killed her. The couple wasn't charged in the case until February of this year, complicated by a long, drawn-out autopsy.
Rasmussen was last seen the weekend of Sept. 10-11, 2011. When police came looking for her at the Millerberg's home -- her last known whereabouts a baby-sitting appointment there -- the Millerbergs said she had left around midnight the night before to meet a friend at a nearby school.
But the couple had already secreted the body by then, according to the allegations, at a site by the Weber River near Taggart in Morgan County.
Marshall has questioned Dea Millerberg's account of events, for which she has been granted immunity, saying she has reason to lie. The case also features members of Eric Millerberg's white supremacist gang cooperating with police, according to testimony, even leading them to Rasmussen's body.