Judge denies change of venue in Lakemoor murder case

A judge on Wednesday denied Kenneth E. Smith's motion to move his murder case out of McHenry County.

Lawyers for Smith, who is charged with the 2001 murder of Lakemoor businessman Raul Briseno, sought a change of venue, saying extensive press coverage meant Smith could not get a fair trial.

McHenry County Circuit Court Judge Sharon Prather sided with prosecutors in denying Smith's motion.

"Our argument was the defendant has a burden to show he can't get a fair trial here, and he didn't show that," McHenry County Assistant State's Attorney Dave Johnston said.

Prather did allow Smith to raise the issue again at jury selection if questioning shows that jurors' familiarity with the case would prevent Smith from getting a fair trial.

Smith's attorney, David Jiminez-Ekman, declined to comment.

Smith, 31, is charged with first-degree murder and attempted armed robbery during the March 2001 botched holdup of Briseno's Burrito Express in McHenry.

Briseno, 35, also owned a Burrito Express in Wauconda.

Smith was found guilty of both charges in 2003, but a state appeals court overturned the ruling, saying jurors heard improper evidence.