Attorneys for Dalia Dippolito won't seek change of venue

Posted at 10:52 AM, Jan 10, 2017
and last updated 2017-01-10 18:05:54-05

Attorneys for Dalia Dippolito said Tuesday they have decided not to seek a change of venue for her third trial.

Her attorneys believe an impartial jury can be found and that she will receive a fair trial.

“Judge Kelley did an exceptional job of vetting potentially biased jurors in the last trial to ensure that Ms. Dippolito had the case heard before an unbiased cross section of Palm Beach County jurors,” defense attorney Brian Claypool said in a statement. “Co-counsel Greg Rosenfeld and I trust that Judge Kelley will do the same in the third trial. Ms. Dippolito has faith in the people of Palm Beach County.”

According to Dippolito's defense attorney Brian Claypool, state prosecutors are planning to file a motion for a change of venue now that the defense attorneys will not.

"We will vigorously oppose the state's motion seeking a change of venue. This is disingenuous since the state repeatedly argued against a change of venue in the last trial, and we were able to empanel a fair jury and they didn't like the result. Nothing changed since the last trial other than the result. State prosecutors didn't like the outcome and are now forum shopping for a better venue which may violate Dalia's 6th amendment right. "

Dippolito, a Boynton Beach resident, was accused of hiring a hitman to kill her husband in 2009.

She was convicted and sentenced to 20 years in prison in 2011, but that conviction was overturned. A retrial last month ended with a hung jury. Dippolito's third trial could be set as early as this April.

She is currently under house arrest.