Judge overrules motion to move Brian Golsby's trial out of Franklin County

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Judge Mark Serrott says it's too early to know if the jury pool is tainted in the upcoming murder trial of Brian Golsby, the man charged with killing Ohio State student Reagan Tokes.

Attorneys for Golsby had argued that there has been too much press coverage and pre-trial publicity and that it "would be impossible" to get a fair trial in Franklin County.

Prosecutor Ron O'Brien argued the court Thursday that the court should attempt to seat a jury during the process known as voir dire - or jury selection. O'Brien also criticized in his response motion that it was ironic that the defense attorney Kort Gatterdam was arguing there was too much media coverage when -in fact - Gatterdam gave an interview with 10TV.

In court, Gatterdam said: "We have a right to fight back when all these articles come out."

Gatterdam also argued that the trial should be moved before the trial saying that the press coverage was "insurmountable."

Judge Serrott overruled the defense motion to move the trial out of Franklin County - for now.

"If we get a lot of people I might consider moving the case," Judge Serrott said referring to potential jurors who had formed opinions. "(Golsby) deserves a fair trial. I think this time it's premature but I am open minded about it."

Judge Serrott also tossed out a defense motion to take the death penalty off the table.

The judge ruled against that motion as well, meaning the case against Golsby will remain a death penalty case for the time being.

Golsby has pleaded not guilty to an 18-count indictment for the rape and murder of OSU student Reagan Tokes.

Tokes body was discovered in a metro park in February. Authorities arrested Golsby after DNA evidence was discovered in Tokes' car.

Latest on the investigation into Reagan Tokes' death >>

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