Prosecutors Respond To Joseph Thomas' Request That His Murder Trial Be Outside Of Lake County

Lake County Assistant Prosecutor Charles Cichocki has filed a reply to murder suspect Joseph Thomas' motion .

The attorneys of Thomas -- -- previously asked that he stand trial somewhere besides Lake County.

They wrote in a motion to Lake County Court of Common Pleas Judge Richard Collins that the "extensive media coverage" of the crime and Thomas' arrest would make it difficult for him to find an impartial jury in Lake County.

Cichocki said Thomas' motion is "premature."

"The court may transfer an action when it appears that a fair and impartial trial cannot be held in the court in which the action is pending," Cichocki said.

"(The law,) however, doesn not automatically require a change of venue merely because of extensive pretrial publicity."

Cichocki argued that it would be impossible to tell if the jury pool was biased before the jury selection process has started. He wrote in his motion that "any hearing on this matter should be delayed until an attempt is made to seat a jury."

Ultimately, Collins will decide if Thomas should be tried in or out of Lake County.

In the mean time, Thomas' trial is scheduled to begin September 5.

McSween, 49, of Mentor, was found killed Nov. 26, 2010, near on Andrews Road in Mentor-on-the-Lake.

Her body was found behind the house at 5612 Andrews Road, next to the bar, at 8:39 a.m. She had been beaten, strangled and repeatedly stabbed, according to authorities. She likely bled to death.

Thomas, 27, was and on charges of aggravated murder, rape, tampering with evidence, aggravated robbery and kidnapping.