MARSHALL COUNTY, Ala. – Attorneys for Capital Murder suspect Jimmy O’Neal Spencer have filed a new motion seeking to prevent the family members of Spencer’s alleged victims from wearing “in memoriam” apparel at his trial.
Spencer is charged with the murders of Marie Martin, her 7-year-old grandson Colton Lee, and her neighbor Martha Reliford in Guntersville in July of 2018.
The new motion filed Tuesday moves to ban apparel with images of the victims from being worn at trial.
The motion cites the apparel would “only serve to inflame the passions of the jury in violation of the defendant’s right to a fair trial.”
Spencer is charged with seven counts of capital murder in the case and prosecutors are seeking the death penalty.
Spencer’s trial is set for January 10, 2022. It is expected to take 2 to 3 weeks due to the large number of witnesses that will be called to testify.
The judge has not yet responded to the motion.