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A judge is holding off on deciding to move the trial of former Dallas police officer Amber Guyger out of Dallas until jurors are questioned. Guyger, a white woman, entered into Botham Jean’s apartment, fatally shooting him after she claims she mistook the home on Sept. 24, 2018.

Guyger attorneys cited approx. 300 news articles in a motion last month to argue that the trial should be moved because of a “media hysteria” causing the jury to have prejudice in the case. District Judge Tammy Kemp of the 204th Judicial District Court in Dallas, wrote earlier this week in a motion CBS DFW obtained that “no determination” will be made on moving the trial until the jury selection process is completed or “it becomes apparent” that “a fair and impartial jury cannot be selected in Dallas County due to the pervasive publicity in this case.”

The defense has asked for the trial to moved to either Collin, Ellis, Fannin, Grayson, Kaufman or Rockwall counties, however, prosecutors argue a fair trial can occur in Dallas County. It is likely Guyger would face a whiter and conservative jury if the trial is moved.

Robert Rogers, Guyger’s attorney, said his client thought Jean was an intruder on the day she murdered him. “I believe it was reasonable for her to believe that she was being threatened with an intruder in her home and therefore she acted in self-defense,” Rogers said told The New York Times in 2018. “The law justifies her actions.” According to the district clerk’s office, jury selection is to began on Sept. 6, one year after the shooting while the trial is set to start Sept. 23.

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