Jefferson asks judge to move retrial out of Tama County

Dustin Jefferson, whose trial ended in a hung jury last week, is now asking a judge to move his second retrial out of Tama County based on extensive media coverage and the county's 'limited” jury pool.

Jefferson, charged with aiding and abetting in first-degree murder, cited details that came out in last week's trial concerning sex charges in his other pending case. He cited also the jury foreman's comments after the first trial regarding jurors' thoughts about motive and opportunity to help his mother and other prejudicial matters that wouldn't be allowed at trial and could taint a jury.

Jefferson also argues there is a limited jury pool in the 'rather sparsely populated county” of Tama County, given the fact that his mother was tried and convicted last year and that he now faces his second retrial. The first trial was halted because of an unrepresentative jury pool of Native Americans, so he argues getting a third jury pool who hasn't heard of this case is probably impossible.

In his motion, Jefferson also attached several articles from area newspapers covering the trial.

Sixth Judicial District Judge Mary Chicchelly set a hearing on the motion for Oct. 30 in Tama County District Court. Last week, a jury deliberated about 25 hours before telling Chicchelly they couldn't reach a unanimous decision on whether Jefferson aided and abetted his mother in killing his wife, Kerry O'Clair Jefferson, on Sept. 25, 2103. The jury was deadlocked at 11-1.

Jefferson, 38, is accused of helping his mother, Ginger Jefferson, 58, who was convicted in 2014 of first-degree murder. Kerry died from two fatal wounds to the neck, and also suffered blunt force injuries to her face and head, according to testimony.