New location ordered for husband’s killing trial

Man charges n 2005 slaying of wife; Lawyers cite media attention

Friday, Jan. 19, 2007

By Marcie Young
Charlotte Observer Staff Writer

LENOIR – A Caldwell County judge Thursday agreed to move the trial of a Sawmills man charged with killing his wife last winter and stuffing her body in the toolbox of her pickup truck.

Attorneys for Jerry Anderson, who was charged with first-degree murder in the 2005 slaying of his wife, Emily, argued in Caldwell County Superior Court on Thursday that extensive media attention of the case would make picking an impartial jury impossible.

"This is a community where word of mouth still matters," said Lisa Dubs, Anderson's Hickory-based attorney. "There is such an attitude of prejudice that it has affected the (whole) community."

Judge David Cayer granted the request for a change of venue after six hours of testimony and argument. Anderson's attorneys called eight witnesses.

Cayer, the prosecution and defense attorneys will discuss possible locations for the trial today.

Dubs and co-counsel Robert Campbell argued that too many people know intricate details of the case, which they say has received ample media attention, making it difficult for Anderson to receive a fair trial in Caldwell County or the Unifour region.

They presented more than 50 articles and clips from local television stations and newspapers, saying that photos of Anderson in his jail uniform and handcuffs makes him appear guilty before the trial has begun.

Three Caldwell County attorneys, who have tried dozens of first-degree murder trials, testified that they did not believe that Anderson would receive a fair trial in the county and that this case has received far more media attention than other cases in Caldwell County.

"People already know what the state's case is, and people are going to come in here and wonder if Jerry Anderson can prove them wrong," Dubs said, citing statements that investigators from the Sheriff's Office made about details of the crime.

Assistant District Attorney Eric Bellas asked that Cayer deny the motion, saying that Anderson's attorneys had not shown how the case would suffer if tried in Caldwell County.

"The defense has simply failed at showing there is a great prejudice against this defendant," he said in his closing remarks.

On Dec. 29, 2005, 49-year-old Emily Anderson disappeared from the Sawmills farm she operated with her husband, and her body was found 10 days later in an S.C. restaurant parking lot about 100 miles from Caldwell County.

She had been shot twice, and her body was crammed into the large tool compartment of her Chevrolet Silverado pickup truck.

The trial is tentatively scheduled to begin in May.


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