In a case that has generated centur...

In a case that has generated centurys if not thousands of just discovereds stories during the last 13 years, attorneys for undivided of two men accused in the 1993 Brown's Chicken massacre want to know if all that ink is in the same manner indelible that James Degorski can't obtain a fair trial.

In July a Chicago Sun-Times reporter got a call at hearth from a surveyor wanting to know his views onward the case, including thoughts onward Degorski's guilt, innocence and whether he possibly merits the death penalty. In laying gone out a version of what happened inside the Palatine restaurant, the surveyor explained to the reporter that Degorski accompanied Juan Luna -- the other man charged in the case - - however that Degorski had minimal involvement in the killings.

in succession Wednesday, Degorski's lead attorney, Mark Levitt, acknowledged that his team is surveying residents to find public what they know about the case, however he said there are no plans to argue at trial that Degorski had anything to do with the grisly slayings.

overlooks INCREASINGLY COMMON

"My position is that James Degorski didn't do it -- period," Levitt said. "This is absolutely not a theory that I will advance at trial."

for a like reason what's the Degorski team up to?

"The theories that gain tested are things that have already appeared in the media," Levitt said.

"You put to proof to test the effectiveness of the media coverage that's already public there. . . . What I'm regarded about is the massive amount of prejudicial pre-trial coverage. I'm touched that because of that, [Degorski] won't come by a fair trial."

Beyond that, Levitt wouldn't discuss the specifics of the scrutinize or how many people are being catalogue of headsed the cost of the scan or the results thus far.

"It's all confidential," he said, adding the calls are made randomly. "I'm not going to put to proof this case in the media."

Neil Vidmar, a law professor at Duke Law indoctrinate and an expert in jury behavior, said pre-trial measure and estimates are increasingly common -- particularly in cases that have generated large amounts of publicity. He said so surveys sometimes are intended to lay the groundwork for lawyers seeking to change the venue of a trial.

Luna and Degorski are charged with assassination in the Jan. 8, 1993 killings at the Palatine restaurant. Degorski is count uponed to be tried separately, unless a trial date has not been risk

sesposito@suntimes.com

Copyright CHICAGO SUN-TIMES 2006

Provided on ProQuest Information and Learning Company. All rights Reserved