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Wirgau wants trial out of Alpena, attorney says

News Photo by Julie Riddle Joshua Wirgau, right, listens remotely as attorney Rick Steiger speaks in Alpena’s 26th Circuit Court on Monday.

ALPENA ― Joshua Wirgau, accused of using a gun to force a tow truck driver to give him a ride, will seek to have his trial moved outside of Alpena because of the amount of publicity given to his case, defense attorney Rick Steiger said this week.

Wirgau and another man, Brad Srebnik, are both scheduled for separate trials on March 1 on unlawful imprisonment and weapons charges related to the alleged Sept. 21 hijacking.

Steiger plans to file a request this week for a change of venue, citing extensive media coverage mentioning Wirgau since his arrest in late September.

“The community, of course, has a right to know what’s going on,” Steiger said. “I just think there’s a taint, given all the coverage and the way he’s been portrayed in social media.”

The hijacking case has drawn particular interest because police have, separate from the hijacking case, connected Wirgau to the death of Alpena teen Brynn Bills. Law enforcement has connected Srebnik to the deaths of Bills and another woman, Abby Hill.

Neither Wirgau nor Srebnik have been charged in the women’s deaths, but police named Wirgau a person of interest in Bills’ death after police found her body in his back yard. Alpena County Prosecutor Cynthia Muszynski publicly called Srebnik a suspect in both women’s deaths.

Hill allegedly participated in the Sept. 21 hijacking with Wirgau and Srebnik.

With the community closely following Wirgau’s case and social media comments indicating a community assumption of his client’s guilt, the defense would struggle to find jurors who haven’t made up their minds about Wirgau, Steiger said.

If 26th Circuit Court Judge Ed Black grants the change of venue, Steiger would not have a say in where the new trial was held.

Black said he could not speculate on whether he will grant the change of venue until seeing Steiger’s motion.

State law allows judges to wait to move a trial to another county until after attorneys have tried and failed to secure an impartial jury.

A change of venue is not necessary “if jurors are able to set aside their impressions or opinions and render a verdict based upon the evidence,” the law reads. A change of venue is proper “only where there is a finding of a strong community feeling or a bitter prejudice towards the defendant.”

Srebnik’s trial will take top priority in scheduling, Black said, meaning Black could reschedule Wirgau’s trial if Srebnik’s trial moves forward.

According to police, Srebnik and Hill hopped on the back of a tow truck holding automatic-style rifles as Wirgau pointed a gun at the truck’s driver, a co-worker of Wirgau’s, and ordered the man to drive from Wirgau’s house to a nearby intersection.

Wirgau then allegedly gave the driver a bag of drugs before Srebnik handed the driver $100 and told him to leave.

Defense attorney Mike Vogler, representing Srebnik, did not return a call asking whether he is considering a change-of-venue request for his client.

Julie Riddle can be reached at 989-358-5693 or jriddle@thealpenanews.com. Follow her on Twitter @jriddleX.

Check out this interactive timeline of police’s investigation into the deaths of Brynn Bills and Abby Hill. Story continues below timeline.

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