Todd Pate, who is accused of killing his wife after she filed for divorce, is seeking a change of venue for his murder trial in Kings County.
Superior Court Judge Donna Tarter is scheduled to hear the change of venue request April 18. The Kings County District Attorney’s Office said it will oppose the motion.
The motion argues that pretrial publicity about the case makes it impossible for Pate, 53, to get a fair jury trial in Kings County.
On Sept. 2, 2013, police found the body of Melanie Pate, 42, in a swimming pool with her throat slit. Pate had called 911 and said he had just killed his wife and to come to the house and arrest him.
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At his first trial last year, the jury deadlocked 11-1 in favor of first-degree murder. Pate’s attorney argued that he should have been charged with voluntary manslaughter but not murder.