OGDEN -- The attorneys will square off next month to argue about Eric Millerberg's rights to a fair trial or the lack thereof.
On Tuesday a hearing was set for May 8 to air oral arguments on a change of venue motion filed last week seeking to move Millerberg's upcoming murder trial out of Weber County.
The motion claims the extensive publicity around the case deprives Millerberg of an impartial jury for his six-day trial set for July.
He faces a number of charges in the death of his baby-sitter, 16-year-old Alexis Rasmussen, including child abuse homicide and unlawful sexual contact with a minor for an alleged sexual relationship.
Rasmussen was last seen the weekend of Sept. 10-11, 2011. Police came looking for her at the Millerberg's North Ogden home that weekend, her last known whereabouts having been a baby-sitting appointment there. Eric and wife Dea Millerberg told police 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. Her remains were located there five weeks later.
The change of venue motion seeks to move the trial to Park City, or a Salt Lake County courthouse. The motion notes that the publicity for the case was statewide, including all four Salt Lake City news stations.
But the prolonged nature of the publicity, with Rasmussen a missing-person case that became a murder mystery with suspects named long before they were charged, led to more direct connections for Weber County residents
"It seems everyone knows someone who knew 'Lexi' or her mother, or someone involved in this story," wrote Millerberg's defense attorney, Randall Marshall.
Dea Millerberg faces trial in August on unrelated drug charges, with trial yet to be set on the charges filed against her as an accomplice in Rasmussen's death. She has testified against her husband, saying he injected the teen with the drugs that killed her.