The man accused of murdering his three year old niece at her home in Clinton County almost three years ago has been granted a change of venue for his trial.
During motion hour in Clinton Circuit Court on August 12, several motions were heard in the case of Emanuel Flutur, who is charged with cutting the toddler’s throat at her parents’ residence in the early morning hours of December 8, 2018.
Circuit Judge David L. Williams sustained a Commonwealth motion to prohibit lay witness testimony regarding the defendant’s mental state during the commission of the crime. However, the court will reconsider the ruling after reviewing case law to be tendered by counsel for the defendant, Public Advocacy attorney Brad Shuffett.
The court also sustained a motion for a change of venue in the case. The trial for Flutur has been moved to neighboring Cumberland County and will be tried in Cumberland Circuit Court, according to the judge’s ruling.
The court overruled all other pending motions, including the motion to suppress statement made to media, motion to suppress other statement and the motion for Individual Voir Dire.
During a pretrial conference in May of this year, the court set aside a one week trial date in the case beginning October 27.
Formal sentencing was also held in the case of two men charged with robbery and assault of an elderly Clinton County woman that occurred several months ago in her home.
Both Joseph Evener and Christopher Burton had earlier entered guilty pleas in exchange for 20 year sentences to service.
Burton reached his plea on June 10.
The court found Burtonguilty of complicity to assault 1st degree with a 20 year sentence imposed and burglary 1st degree with a 20 year sentence, to run concurrently for a total of 20 years to serve. The Commonwealth opposed probation and the defendant did receive credit for time already served.
Under terms of the agreement, two counts of persistent felony offender were dismissed.
Burton, a co-defendant of Joseph Evener, took the first plea and as part of that plea agreed to testify against Evener at trial, if, in fact, his co-defendant had gone to trial.
Evener reached his plea with the Commonwealth on July 15.
The court found the defendant guilty of 1st degree burglary with a 20 year sentence imposed, wanton endangerment 1st degree with a five year sentence, and burglary 3rd degree with a five year sentence, all to run concurrently for a total of 20 years to serve. The Commonwealth opposed probation and the defendant will receive credit for time already served.
The defendant also acknowledged that the victim suffered serious physical injury during the commission of burglary 1st degree, which constitutes a violent offense.
Under terms of the plea, three total charges of persistent felony offender were dismissed.
(Several other cases were heard in circuit court in August and a separate article can be found elsewhere in this week’s NEWS.)