The trial of Chester Allen will get a third attempt, but this time at a different location.
Twice before, Allen has faced trial in Magoffin County Circuit Court on rape and sodomy charges with both ending in mis-trials.
In November 2008, a jury failed to reach a decision, leading to the first mis-trial of Allen, a Magoffin County native.
Earlier this month a second trial ended in another mis-trial when Allen’s 18-year-old son Jarred Allen was alleged to have threatened jurors and Chester Allen’s 63-year-old mother was charged with threatening prosecuting attorney Graham Martin.
Back in court last Thursday, the Commonwealth motioned the court for a change of venue, which was granted by Magoffin/Knott circuit judge Kimberly Childers after the defense offered no objection, court records showed.
A pre-trial conference is scheduled for Magoffin Circuit Court November 19 with a jury trial set to begin November 30 at 9 a.m. at the Knott County Justice Center in Hindman.
Jarred Allen, facing three counts of jury tampering after he allegedly threatened three jurors, and Gladys Allen, charged with intimidating a witness in the legal process, appeared Monday in Magoffin district court.
Both cases were bound over to the grand jury.