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Motions denied for man accused of poisoning estranged wife

Prosecutors say Joseph Merlino poisoned her estranged Ellie Tran on Valentine's Day 2017.
Credit: Virginia Beach Sheriff's Office
Joseph Vincent Merlino

VIRGINIA BEACH, Va. (WVEC) - A man accused of killing his wife lost the battle to get evidence tossed out and relocate his trial on Wednesday morning.

Prosecutors say Joseph Merlino poisoned his estranged wife Ellie Tran on Valentine's Day 2017.

Merlino's attorneys wanted the judge to grant them a venue change. The judge ultimately denied their request. His attorneys believe the extensive media coverage online and on TV could have tainted potential jurors.

The judge also denied another motion to not allow certain evidence during the trial. Merlino's attorneys asked the judge to omit certain items found at Merlino's work and house. Those items discussed were guns, ammunition, chemicals and tactical gear.

The defense's reasoning: it could possibly prevent prejudice with the jury. The prosecutors told the judge those items are very relevant to the case because they believe Merlino allegedly killed Tran with chemicals. They also believe he as wearing some sort of gear when the crime allegedly happened.

Merlino was wearing a yellow jumpsuit in court. Jail officials say it's because he's being uncooperative in jail.

Merlino's trial is set for June 19.

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