Nichole Blansett in court today.

by Tracy McCue, Sumner Newscow — The first degree murder trial for Lindsey Nicole Blansett, 33, of Wellington, accused of murdering her 10-year-old son last December, is tentatively set for Tuesday, October 20 at the Sumner County Courthouse.

Sumner County District Court Judge Scott McQuin set the jury trial date during a pre-trial hearing today with Blansett in attendance. Blansett is facing charges of first degree premeditated murder and aggravated assault, both felonies.

McQuin also denied defense attorney Mike Brown’s request for a change of venue to hold the trial out of Sumner County, and allowed the admissibility of the 911 tape in which she called law enforcement after the alleged crime took place. These rulings came after a two hour closed hearing that removed reporters and guests from the courtroom.

The pre-trial hearing lasted 3 1/2 hours with an hour lunch break. Blansett was in attendance for the open portion of the hearing.

Blansett had pled not guilty in May and waived her right to a preliminary hearing – which normally is used by the residing judge to determine whether or not there is enough evidence to stand trial.

Earlier this week, Brown had filed a motion to change the venue of the trial because of the tremendous publicity surrounding the case.

“It would be difficult to find a jury that has not been prejudiced by this case in Sumner County,” Brown said.

But McQuin, concurring with Sumner County Prosecutor Kerwin Spencer, said in order to change the venue of the jury trial, the defense must first prove than an impartial jury could not be found. He said he has no evidence that it was impossible to find an impartial jury.

Spencer said that publicity and knowledge of the case does not necessarily mean a potential juror could not be objective during the trial.

“I would venture to say that you would have trouble holding this trial anywhere in the state where no one has heard about it,” Spencer said.

Spencer said afterwards the ruling on the admissibility of the 911 tape for the trial indirectly affected the denial of a change of venue.

At issue was whether the 911 tape which was played on Wichita television stations and area news websites, had been seen by enough people to taint the jury pool where a fair trial could not be held.

But because the judge ruled the 911 tape was admissible, then it was evident that a change of venue was not needed, he said.

Many of the other motions were routine to the start of the trial which was originally set on July 14, then continued to Sept. 8 before being tentatively set for Oct. 13. Both the judge and attorneys agreed that putting the trial on Oct. 20 will benefit both parties in giving them extra time to prepare for the trial.

Much of the earlier discussion at the hearing concerned the selection process of the jury and providing a questionnaire.

Blansett, the 33-year-old divorced mother of two, is accused of using a rock and knife to fatally wound her son, Caleb, on Dec. 14 while he slept at their Wellington home.

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