Murder case to be tried in August
Judge does not grant change of venue, but lawyer has additional time to prepare case
The trial of a Frederick man accused of murdering his wife in September has been postponed until August to allow his attorney more time to prepare his case.
Marshall Franklin Metz, 65, is accused of shooting his wife, Ann Sue Metz, 60, on Sept. 29, 2009, after an argument in their Dogwood Court home.
According to court documents, they were married for 39 years and separated for a month at the time of the shooting.
Metz has been indicted on charges of first-degree murder, first-degree assault and use of a handgun in the commission of a violent crime, according to court records.
Metz changed his attorney in the last 60 days, and his new lawyer, Timothy Clarke of Gaithersburg, requested additional time to prepare his case, said Frederick County State's Attorney Charlie Smith (R).
Clarke did not immediately return a call seeking comment.
The trial is now set to begin on Aug. 25, rescheduled from March 29, according to court documents.
Clarke last month requested a change of venue. Smith said the reason behind the request was media coverage of the case, but that he is "not at all" worried it would prejudice jurors.
He said the standard for "media saturation" as a reason for change of venue is "very high," likening it to the amount of coverage in the O.J. Simpson case in the mid-1990s.
He said no cases in his experience in Frederick County would rise to that threshold.
Smith said any jury prejudice could be weeded out by questioning potential jurors about whether they were familiar with the case, and if they felt they could consider it impartially.
"By no means am I looking to deprive [Metz] of a fair trial," Smith said.
Metz is being held without bond in the Frederick County Adult Detention Center. If convicted, he could face life in prison.
E-mail Christian Brown at chbrown@gazette.net.