Misty Davis Hearing
By: LaTonya Stephens
Updated: July 27, 2007
Lawyers for the girlfriend of convicted murderer Nick Harbison are trying to get her trial moved out of Pike county.
A motion for a test jury for Misty Davis was filed Friday by her defense team.
Pike County Prosecutor Darrin McDonald says a test jury involves the surveying of a community to determine whether they can makeup a fair jury.
But mostly he says it is a step toward a petition to change venues.
The stepfather of murder victim Keela Lynch says he just wants Davis to pay for contributing to the three murders in July of last year and helping Harbison flee.
But he says he and the other families will be there no matter where this trial ends up.
Prosecutor McDonald says Misty Davis is also trying to get her 2002 marriage to Harbison in Daviess county, Kentucky deemed legal.
If she does she could not be convicted of helping him flee in the days after the murders.
In the meantime though, McDonald says he wants to move full steam ahead to the trial scheduled for September 24th.
The judge in the case is expected to decide in one to two weeks whether to grant Davis a test jury.
