Kreig is seeking life without parole in the case against Perry because he says the case doesn't meet state statutes for the death penalty.
Kreig tells 14 News that he expected the defense to file a motion to change venue because of the nature of the incident.
Kreig says the shooting took place in the middle of the day at a public restaurant, in front of dozens of families who were celebrating the end of the school year. He says the witness list, could be well over 30 people, including friends, family members and those who were at Los Aztecas during the shooting.
Last month, Judge Jeff Meade excused himself because he was a deputy prosecutor in a 2005 battery case against Perry. Posey County Judge James Redwine is now presiding over the case, and if there is a change of venue, the case could end up in his jurisdiction in Mt. Vernon.
"The most important thing for us that Mr. Perry get a fair trial because we believe we have the evidence to convict him. If we do convict him, we don't want to have to do it twice. So ultimately, if that's what it takes, it's fine," Kreig said. "That being said, I don't concede that it needs to be moved because I think that's why jury selection is about. Both us and the defense attorneys can, if we do our jobs, we can weed out anyone that would have some sort of bias."
Perry is being held in isolation at the Gibson County Jail. Sheriff Ballard tells us his defense attorney visited him on Tuesday, he likely told Perry the state was seeking life without parole.
The sheriff says that news may have triggered Perry to break the "no contact" order and place three phone calls to Jessi's family.
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