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March 12, 2008

Update: Judge denies venue change for Kluth trial

PROVIDENCE -- The defense lawyer for a former Newport fisherman accused of swindling people each out of up to $5,200 asked a judge today for a venue change, suggesting New Hampshire, due to what the lawyer said was prejudicial pre-trial publicity.

Besides charges in Rhode Island, John P. Kluth Jr., 48, is also facing similar charges in Massachusetts and Connecticut.

But Providence County Superior Court Judge Netti C. Vogel said no to the venue-change request.

"I am satisfied that the jurors in this case have not been infected by pre-trial publicity," Vogel said in court. She added that the extent of publicity is "not even close" to justifying a venue change.

The jury was sworn in, and opening statements are set for today.

Thirty-two people in Rhode Island have accused Kluth of scamming them by asking for money for what police say was a fictional broken-down lobster truck.

For each of the 32 complaints, he faces 20 felony counts of obtaining money under false pretenses from a person over the age of 65 involving a sum of $500 or less; 4 felony counts of obtaining money under false pretenses from a person over the age of 65 involving a sum of more than $500; 7 misdemeanor counts of obtaining money from a person 65 or younger of $500 or less; and one felony count of obtaining money from a person 65 or younger, more than $500.

Extra: Hear Kluth talk to Journal staff writer Gregory Smith

-- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer Gregory Smith and Journal archival reports

Posted by Mike McKinney  at 1:42 PM | Permalink

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