Lawyer wants custodial dad's torture charge removed (Kimball Township, Michigan)

We've reported on custodial dad JOE GALVAN and the new step before. Now Daddy Dearest wants the charge of torture to be dismissed, and his case moved to another location. I assume we're getting just a wee bit anxious about the upcoming murder trial, hmm?

http://www.thetimesherald.com/article/20100520/NEWS01/5200306/Lawyer-wants-Galvan-s-torture-charge-removed

Lawyer wants Galvan's torture charge removed
Motion also filed Monday to move trial for Prhaze's father

By LIZ SHEPARD
Times Herald
May 20, 2010

A 26-year-old Kimball Township man who is accused of killing his young daughter is asking that a charge of torture be dismissed and his case be moved to another location.

Police have said the child, Prhaze Galvan, 3, died Jan. 15 of blunt-force trauma to her head. Her father, Joe Galvan, faces charges in the death, including open murder, torture and first-degree child abuse.

John Livesay, Galvan's lawyer, filed two motions Monday. He's asking Judge Daniel Kelly to drop the torture charge and approve a change of venue. The requests follow a review of the law and the facts as presented at Galvan's preliminary examination, Livesay said.

Kelly is expected to rule on the motions Monday.

"I'm not going to try cases in the newspaper," Livesay said Wednesday.

"In terms of the change of venue, as you well know, there's been a lot of pretrial publicity in this case. There's a lot of emotion involved in it -- a lot of community activity.

There's been picketers pretty much every time anything has been in court."

Livesay said he filed for a change of venue to "protect the rights of the accused."

St. Clair County Prosecutor Mike Wendling said his office was drafting a response for submission to Kelly and said he couldn't comment.

Galvan's wife, Jennifer Galvan, also is facing charges in the death. Her lawyer has not filed any recent motions. A plea hearing for the couple has been scheduled June 7.