The attempt to seat a jury for the trial of Anthony and Marsha Springer in St. Joseph County Circuit Court has failed.

That was the word late Wednesday afternoon (October 28th) from the office of Prosecuting Attorney John McDonough following a second day of jury selection activity in Centreville.

According to the office, Circuit Court Judge Paul Stutesman will send a request for a change of venue to the State Court Administrator’s Office which will set a date and time for the trial in an alternate location.

Anthony and Marsha Springer are charged with Felony Murder, Torture and Child Abuse in the First Degree in the death of their daughter, 16-year-old Calista Springer, in a fire at the family home in Centreville early last year.  She was found dead, chained to her bed, after the fire on February 27, 2008.

Felony Murder and Torture both carry penalties of up to life in prison while the Child Abuse in the First Degree charge is a 15-year felony.

The Springers entered “not guilty” pleas to the charges and have remained free on $10,000 personal recognizance bonds as the legal process moved forward.

Earlier this year, John Bush, the attorney for Anthony Springer, and Victor Bland, the attorney for Marsha Springer, filed a motion for a change of venue, arguing that their clients would not be able to get a fair trial from a prospective jury pool selected from St. Joseph County due to publicity surrounding the case.  In response to the motion in early July, McDonough and Assistant Prosecuting Attorney Erin Hahn said, “Justice does not demand a change of venue to another county unless it is first attempted here in St. Joseph since the Defendants have not met their burden in showing actual bias or prejudice with regard to the potential jury pool. “  During an August 6th hearing, Judge Stutesman said, “I will reserve on the motion to change the venue because of pre-trial publicity,” thus setting the stage for the jury selection process.

For another perspective on this topic from the Kalamazoo Gazette, click here.

Editor’s Note:  This story was expanded to add background material in the final paragraph at 8:07 p.m. 10-28-09.  A further update occurred at 1:32 a.m. 10-29-09 to add the link to the Kalamazoo Gazette story.