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NewsAugust 13, 2013

A Cape Girardeau man accused of killing his wife and son before apparently trying to take his own life pleaded not guilty Monday. George Joseph, 48, is accused of shooting his wife and son on May 30 on West Cape Rock Drive. Statements by Joseph and prosecution witnesses indicate he was having financial trouble and may have wanted to save his family from embarrassment...

George Joseph is escorted out of the courtroom, Wednesday morning, July 24, 2013, following his preliminary hearing at the Cape Girardeau Courthouse in Jackson. Joseph is faces two counts of first-degree murder and one count of armed criminal action in connection with the May 30 shooting deaths of his wife, Mary, and 18-year-old son, Matthew. (Laura Simon)
George Joseph is escorted out of the courtroom, Wednesday morning, July 24, 2013, following his preliminary hearing at the Cape Girardeau Courthouse in Jackson. Joseph is faces two counts of first-degree murder and one count of armed criminal action in connection with the May 30 shooting deaths of his wife, Mary, and 18-year-old son, Matthew. (Laura Simon)

The murder case against George Joseph has been continued for two weeks to give prosecutors and his attorney time to discuss the possibility of importing a jury to hear the case.

Joseph, 48, is accused of fatally shooting his wife, Mary, and 18-year-old son, Matthew, before turning the gun on himself May 30 at their home on West Cape Rock Drive.

Joseph waived arraignment Monday and pleaded not guilty to two counts of first-degree murder and one count of armed criminal action in connection with the shootings.

He had been scheduled for arraignment last week, but his attorney, Bryan Greaser, filed motions for a change of judge and a change of venue.

The change of judge was granted, with the case passing from Circuit Judge William Syler to Circuit Judge Benjamin Lewis, while the arraignment and the motion for change of venue were continued to Monday.

In court Monday, Greaser said he and assistant Cape Girardeau County prosecutor Angel Woodruff had "loosely agreed" to keep the case in Cape Girardeau County but bring in a jury from Cole County.

Greaser didn't elaborate on the reason, but Joseph's case has received extensive local media coverage, and it is not uncommon for defendants to request a change of venue or an outside jury under such conditions to ensure a fair trial.

Greaser told Lewis he had one misgiving about importing a jury from Cole County.

"Our concern is that we would like the court to consider the fact that Mr. Joseph is a minority, and it could be difficult to find a jury ... of his peers in that sense," Greaser said.

Without bringing in a jury from St. Louis County -- which Greaser said the state typically does not allow -- it could be difficult to find minority jurors, he said.

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According to U.S. Census data, as of 2012, 85 percent of Cole County's estimated 76,363 residents were white, and 23.1 percent were younger than 18, meaning they would be too young to serve as jurors.

By comparison, 89.3 percent of Cape Girardeau County's estimated 76,950 residents were white, and 21.5 percent were younger than 18.

Lewis told Greaser and Woodruff if they had not come to an agreement by Aug. 26, he would decide what to do about the jury and venue.

At a preliminary hearing last month, Joseph's brother-in-law David Snell said Joseph was worried because he was the target of a federal investigation and had been researching money laundering the day before the shootings.

At a St. Louis hospital after the shooting, Joseph, a day trader, apologized to Snell and told him he "had to put them [his wife and son] in a better place," Snell testified. He said Joseph had been distraught over financial problems, including the loss of money he had been investing for 62 people.

Another brother-in-law, Robert Griffith, said during the hearing that Joseph also had undergone a pair of intestinal surgeries earlier this year that had drained the family's savings.

Joseph was dealing with depression and anxiety as a result of his health issues, the medications he was taking for them and the financial issues they had created, Griffith said in court.

epriddy@semissourian.com

388-3642

Pertinent address:

1220 W. Cape Rock Drive, Cape Girardeau, MO

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