Fifth District Court Judge Robert J. Elgee has granted a change of venue for the trial of convicted sex criminal Jeffrey J. Marsalis, who is charged in Blaine County with raping a woman in Sun Valley in 2005.
Elgee announced his decision Monday at a pretrial conference on the case. Elgee further ordered that the trial be continued beyond its earlier scheduled start date of Jan. 5.
Hailey attorney Douglas Nelson, who is representing Marsalis, requested that the trial be relocated, claiming that pretrial publicity would make it difficult for Marsalis to receive a fair trial in the 5th Judicial District, which includes Blaine County and the Magic Valley.
Blaine County Prosecuting Attorney Jim Thomas chose not to oppose the request.
"I think under the circumstances, it goes with the case," Thomas told the Idaho Mountain Express following Monday's brief court hearing.
Marsalis is charged in Blaine County with raping a then-21-year-old woman at his Sun Valley condominium on Oct. 9, 2005. A grand jury indictment against Marsalis alleges that the woman was incapacitated at the time, either by alcohol or a "date rape drug."
Marsalis, who remains incarcerated in the Blaine County jail, was extradited to Idaho in August from Pennsylvania, where he is serving a 21-year prison sentence for convictions in Philadelphia in 2007 on two counts of sexual assault and one count of unlawful restraint. He had been accused of drugging and raping seven women in a trial that received national news media attention.
Where and when the trial is held is now up to the Idaho Supreme Court. Elgee said that authority for trial scheduling goes to the high court when a trial cannot be held within the judicial district where the alleged crime occurred.
"I've requested that it be moved to Ada County," Elgee said.
Jeffrey J. Marsalis
