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Lawyer in Angels' pitcher death appeals

A video is played in memory of Los Angeles Angels pitcher Nick Adenhart, who was killed in a car accident on April 9, before the baseball game between the Los Angeles Angels and the Boston Red Sox in Anaheim, California on April 10, 2009. (UPI Photo/Jim Ruymen)
A video is played in memory of Los Angeles Angels pitcher Nick Adenhart, who was killed in a car accident on April 9, before the baseball game between the Los Angeles Angels and the Boston Red Sox in Anaheim, California on April 10, 2009. (UPI Photo/Jim Ruymen) | License Photo

ANAHEIM, Calif., Aug. 30 (UPI) -- The lawyer for a man accused in the death of California Angels pitcher Mick Adenhart says she will take a change of venue request to the State Supreme Court.

Attorney Jacqueline Goodman Rubio said her request to get Andrew Thomas Gallo's case moved out of Orange County would be filed Monday, The Orange County (Calif.) Register reported.

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Gallo, 23, is charged with three counts of second-degree murder in the April 9, 2009, traffic collision that killed Adenhart, 22, Courtney Stewart, 20, and Henry Pearson, 25.

"I'm filing a petition for a review to the California Supreme Court to hear it," Rubio said. "I think it's appropriate for the Supreme Court to hear it and I feel like I have no other choice. The sensationalism of this case is uniquely tied to the geography of the county. If you go just a few feet over the county line, you don't have the problem."

Recent surveys by independent researchers indicate 86 percent of the county's residents are familiar with the facts of the case and about 76 percent believe Gallo is guilty of murder, Rubio said.

An attempt by Rubio to have the second-degree murder charge changed to gross vehicular manslaughter was denied earlier this month, the Register reported.

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