A trial date has been set for the man suspected of killing Tara Grinstead, a former beauty queen and high school teacher in South Georgia. But, it is still not known whether the trial will stay in Irwin County.
It was the first time in over a year that Ryan Duke appeared in a courtroom.
On Monday, Irwin County Judge Bill Reinhardt said he isn’t prepared to rule on a request for change of venue, but agreed a change in venue might be necessary to find a fair and impartial jury in the small town of Ocilla.
"Our concern was that we would have this courtroom full of potential jurors and every single one of them has a connection to this case," said defense attorney John Merchant.
The District Attorney's office did not object to the motion to move the case out of the small town, which has a population of about 9,000.
"I'm very concerned that we do have an issue of being able to qualify sufficient jurors," said D.A. Paul Bowden.
Reinhardt asked the prosecution and defense to draft a questionnaire to send to potential jurors to determine how many people might have a conflict of interest or fixed opinion in this case.
On Dec. 14, attorneys for both sides will reconvene to discuss the questionnaire.
Judge Reinhardt heard arguments for five motions from the defense – including a request from Duke’s defense team to dismiss the case because they argued the indictment is too vague, in stating Duke killed Grinstead “with his hands.” The judge refused to grant the motion because he did not believe it was based on solid legal ground.
The prosecution expects their presentation of facts in this case to last about two weeks.
Duke’s trial is scheduled to begin April 1, 2019.
Photos | Tara Grinstead missing 12 years
Darryl Cohen, 11Alive legal analyst and defense attorney, compared Grinstead's murder case to the Ross Harris hot car death trial in 2016.
Harris was sentenced to life in prison without parole in the death of his 22-month-old son. Prosecutors said Harris intentionally left the toddler locked in the hot car, while Harris' lawyers sustain it was a tragic accident.
In that case, a judge ruled that an impartial jury could not be found in Cobb County and moved it to Glynn County.
Cohen sees similarities between the two cases, due to the extreme amount of national attention.
"This is the type of case that has had so much publicity and the two defendants are so well known that they wouldn't get a good trial, or a fair trial, in Ocilla," Cohen said. "I mean, it is a tiny little town."
TARA GRINSTEAD'S DISAPPEARANCE
Grinstead disappeared 13 years ago after attending Ocilla’s Sweet Potato Festival. She was 30 years old at the time. Police said her cell phone and car were found at her home, but her keys and purse were missing, but there was no sign of a break-in.
Several people, including an ex-boyfriend, were questioned by police but no arrests were made.
“She had just left the Sweet Potato Festival, which is a big deal in Ocilla,” said criminal defense investigator Charles Mittelstadt. “After that, she joined some friends for a cookout.”
After the cookout, no one heard from or saw Grinstead again.
“We knew something was immediately wrong,” said Wendy McFarland, a former coworker. “She was not the kind of teacher who would not show up without alerting somebody.”
A massive community search turned up empty. Grinstead’s body has never been found.
In 2017, the Georgia Bureau of Investigations announced an arrest in her murder. Ryan Duke, a former student at Irwin County High School, where Grinstead taught, was arrested and charged in her death. He has pleaded not guilty.
Court documents allege that Duke broke into Grinstead’s home and used his hands to kill her then disposed of her body.
Bo Dukes, a former student and classmate of Duke, was also arrested and charged with concealing a death, hindering apprehension and tampering evidence. He has pleaded not guilty and is not charged for Grinstead’s murder.
PHOTOS | Second suspect arrested in Tara Grinstead case
Investigators believe Dukes helped Duke burn Grinstead’s body in a pecan grove his uncle owned in October 2005. Authorities searched the farm in Ben Hill County in 2017 but have not released any information about what might have been found.
The trial is expected to get underway in April 2019 and should last about a month, including jury selection.
TARA GRINSTEAD CASE: CATCH-UP
- Break in the case: What happened to Georgia beauty queen?
- Documents say accused Grinstead killer may have confessed in 2005
- Ryan Duke pleads not guilty in beauty queen Tara Grinstead's murder
- Warrants reveal possible motive in death of Tara Grinstead
- GBI searching pecan orchard for remains of Tara Grinstead
- Ryan Alexander Duke | What we know about suspect in Tara Grinstead murder
- Georgia Mystery | Tara Grinstead Disappearance
- Tara Grinstead case to be featured on 'Dateline' | Andrea Canning discusses Ocilla mystery