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Judge rules Allen will be retried here A change-of-venue motion is denied in the Evelyn Marie Smith murder case. A new trial starts June 4 By DANI DODGE Mail Tribune After 21 years, a conviction, a mistrial and a motion for change of venue, William Henry Allen will be tried again for murder June 4 in Jackson County. On Monday, Jackson County Circuit Court Judge Patricia Crain denied a change of venue motion. "I think it should be done here because it happened here," said Nedra Rodriguez, who had been friends with the victim, Evelyn Marie Smith. "I can't hardly believe we're going through it all again, but it's worth it. "It's more than worth it." Smith's bruised and naked body was discovered in April 1981 at what was then Medford Mid High but is now South Medford High School. She was 17. Allen, who was 16 at the time, was the last person seen with her but police never had enough evidence to make an arrest. By 2001, though, advances in DNA testing linked Allen to the murder. Police arrested Allen, 37, of Oakley, Calif., in April 2001 as he was on his way to his job as a steelworker. He was charged with three counts of murder. Allen's trial began Jan. 24. Four days later, the jury of 12 people found Allen guilty of felony murder - which means he murdered Smith in the course of raping her - and acquitted him on the other two counts. But in February, Crain threw out the verdict because a witness brought a crucial photograph to the trial that hadn't been shown to the defense attorney in advance. On Friday, defense attorney David Orf argued that because of extensive media coverage during the first trial, the second trial should be moved out of county. In Crain's ruling she said it did not appear that Allen would be unable to receive a fair retrial. Crain did say that Orf could renew his motion for change of venue during jury selection if it appears "actual prejudice can be established." Orf said he was pleased that the judge's ruling included that clause. "There has been substantial publicity on the case and we will try to ensure he receives a fair trial in Jackson County," Orf said. Heckert said she was pleased with the decision. "The case law says simple knowledge is not enough to exclude jurors," Heckert pointed out. "The law only requires that they must be able to be fair and impartial and base the verdict on evidence they hear." Heckert said she does not expect to change her strategy in the retrial. "You just go back to the evidence and present the case again," she said. Heckert added holding the trial in Jackson County "will be good for the family because they will be able to attend." In the last trial, at least a dozen members of Smith's family and friends always sat in the courtroom during testimony. Rodriguez said they would be there again. "After all this time, they are a strong family and they all stay together," Rodriguez said. "And that's love - all of them together to pull through all this." Allen remains in the Jackson County Jail without bail. Reach reporter Dani Dodge at 776-4471, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.