ALPENA–A trial scheduled to begin Monday will be held in Alpena, despite a motion requesting a change of venue by the attorney for defendant Nicholas Skaluba.

In the opinion offered by 46th Circuit Court Judge George Mertz, the defense’s concerns were said to be valid but speculative, not grounded in actual knowledge of events to happen in the future, according to defense attorney Matt Wojda.

An Alpena News story was cited in the defense’s motion, which contended that a News source’s prediction of protests being held depending on the trial’s outcome was detrimental to both jury safety and the potential to seat an impartial jury. Wojda requested in a motion filed Monday that the trial be moved out of the area.

The motion fwas denied without prejudice by Mertz, who is handling the case after 26th Circuit Court Judge Michael Mack recused himself. The “without prejudice” decision leaves room for the defense to refile the motion at jury selection if the stated concerns come to pass, Wojda said.

Skaluba, 22, is charged with two counts of first-degree criminal sexual conduct, two counts of delivery of a controlled substance with intent to commit criminal sexual conduct, and two counts of third-degree criminal sexual conduct.

He was arrested after a pair of girls claimed they were drugged and assaulted by Skaluba and another man, Thompson Hein, during a series of summer 2016 parties in Alpena.