Courtney Lockhart to stand trial Sept. 20 for 2008 slaying of AU freshman Lauren Burk
The man accused of killing 18-year-old Auburn University freshman Lauren Burk two years ago will go to trial on Sept. 20, but where the trial will be is yet to be decided.
A judge must wrestle with new media issues to determine whether accused killer Courtney Lockhart can get a fair trial in Lee County, where connections to Auburn University are widespread and deep.
Lockhart faces three capital murder charges for Burk’s March 4, 2008, robbery, kidnapping and attempted rape. He also faces a fourth, unrelated charge in the robbery of a Short Stop Convenience Store. He has pleaded not guilty to all the charges.
Burk, of Marietta, Ga., had a gunshot wound when she was found lying in the roadway of Alabama 147 between Lee Road 72 and U.S. 280. She died at the East Alabama Medical Center. Police later found her black 2001 Honda Civic burning in Auburn’s Hinton Field parking lot.
Authorities say Lockhart, who was 23 at the time, had a handgun when he forced Burk into her car, made her drive around and disrobe, then robbed her, shot her and left her to die.
Local media representatives were the witnesses Friday in a hearing on whether to move the trial to another venue, or from another county import a jury to hear the case.
Introducing as evidence 64 Opelika-Auburn News articles on the Lockhart case along with computer-generated reports of how many “hits” or reader views each report drew online, defense attorney Jeremy Armstrong argued a “bombardment of media coverage” had raised an “emotional tide” against his client, and the “presumed prejudice” was enough to justify a change of venue.
Going to trial without a venue change would risk the verdict’s being overturned on appeal, Armstrong said, so “why gamble with this case?”
District Attorney Nick Abbett countered that Armstrong had no evidence of “inflammatory” media coverage, as reporters covering the case had reported only what authorities had told them, and their reporting was no different than what could be expected with any slaying.
Because Lee County is home to Auburn University, many of its residents are well educated people who could put aside whatever reports they’ve read or seen on TV, and reach an impartial verdict. The prosecution also argued that any reader comments appended to news reports posted online should not be considered a factor in determining “inflammatory or sensational” coverage, because such comments are not generated by the media.
Lockart, neatly dressed in a white shirt and blue tie, sat silently during the hearing. Before it began, he kissed his young daughter before she was escorted from the courtroom by a woman who told her “Wave at your daddy” as they left. Lockhart waved back.
Lockhart was arrested by Phenix City police during a March 7, 2008, traffic stop. Columbus police say he’s wanted here for robbery and aggravated assault of a child, charges stemming from the March 6, 2008, robbery of a 27-year-old woman who was with her 3-year-old in the parking lot of the Sam’s Club at 5448-A Whittlesey Boulevard when a gunman demanded her purse and then drove off in a silver two-door Honda or Toyota with an Alabama license plate.
A Lee County judge in April 2008 issued a gag order to lessen pretrial publicity in the case, which not only made local headlines but also drew national media attention from CNN’s “Nancy Grace” and other cable news shows. In July 2008, another judge ordered the case file sealed.
In his motion seeking the gag order, Lockhart’s defense attorney wrote: “There has been massive, highly prejudicial publicity throughout Lee County regarding this case. Additionally, this case has gained national media attention from all major news organizations which is further prejudicing the potential pool of jurors from not only Lee County, Alabama, but any county in Alabama.”
This story was originally published March 5, 2010 at 4:10 PM with the headline "Courtney Lockhart to stand trial Sept. 20 for 2008 slaying of AU freshman Lauren Burk."