BAY MINETTE, Ala. — A change of venue motion based on pre-trial publicity involving murder suspect Patrick Blake Young Ballard of Spanish Fort was put on hold Wednesday by Circuit Judge Charles Partin, who said the December trial will stay in Baldwin County unless he saw evidence of jury pool contamination by news report.

Ballard, 20, was indicted on two counts of reckless murder in the September 2007 deaths of cyclists William Frederick Imle and Archie Leroy Clemons.

Defense attorney Jim Byrd said television broadcasts and newspaper articles referred to speed and alcohol. He also cited media references to a 2005 manslaughter charge in the death of cyclist Larry McDuff, of Fairhope. That case went to juvenile court and charges were dropped at the request of McDuff family members.

“All articles refer to the 2005 event in juvenile court,” Byrd said. “He is not being tried for that case and it’s not a public record,” he said, referring to adjudication in juvenile court.

“He cannot have a fair and impartial trial because the jury will be contaminated.”

District Attorney Judy Newcomb told Partin there was no evidence presented that would prevent selection of a jury panel.

“I have been here since 1985, and we always had enough jurors to render a fair and impartial decision,” Newcomb said.

Partin said jury contamination by media reports could not be evaluated until questioning of potential jurors begins.

“If it appears publicity has influenced the jury pool, I will reconsider my ruling and order a transfer of the case,” Partin said .

The two cyclists were riding west on Bromley Road in September 2007 when they were struck and killed by a vehicle driven by Ballard, according to court reports. Ballard was allegedly under the influence of alcohol when he struck the two men on Labor day.

According to court records, Ballard failed to negotiate a curve, struck the cyclists and went into a ditch before his truck overturned, ejecting him and another passenger. The two were treated and released.

Peggy Batey, state executive director for MADD, said she or a staffer attended all hearings related to Ballard to provide emotional support for victims.

“It’s important to be at all hearings,” Batey said. “We heard about this right after it happened. We take privacy into consideration and wait a bit before contacting victims’ families. We want them to know we are there for them.

“This is the first time in 15 years where I have seen an offender take the life of three individuals as a result of drunk driving. It deeply affects families and communities.

“We are not against drinking. We are against drinking and driving.”