JACKSONVILLE, Fla. – Jury selection for the trial of the prime suspect in the disappearance of 21-month-old Lonzie Barton will begin Dec. 7, a judge decided Thursday morning.
Ruben Ebron's attorney, Al Perkins, said he will file a motion for a gag order because he does not believe that Ebron will get a fair trial in Duval County.
Ebron, 32, is facing two child neglect charges connected to Lonzie's disappearance and is also charged with possession of a handcuff key, introducing contraband into the jail and conspiracy to escape. All five are felonies. He is also charged with one count of lying to police, which is a misdemeanor. He remains in jail without bond.
Ebron could face at least 50 years in prison if convicted of all charges against him. The trial will begin as soon as a jury is chosen.
The next motions hearing for Ebron's case will be Sept. 22 at 1:30 p.m.
Perkins compared Ebron's case to the three-year Casey Anthony saga that played out on television and said he doesn't believe Ebron can get a an impartial jury in Duval County.
Attorney Gene Nichols, who is not associated with Ebron's case, said Perkins has a good point, but the request could be a tall order.
"Every time something happens, it's in the paper, it's in the press and will it taint the jury?" Nichols said. "It is an awfully high burden to overcome, especially when you're talking about trying to gag news agencies, the newspaper, TV, whoever it is, because now we are treading on everyone's First Amendment rights to speak about a case like this."
Perkins said he is also filing a motion that would permit him to visit Ebron in privacy.
"A lawyer has to have the opportunity to speak with a client," Nichols said. "They also have to have the opportunity to have confidential conversations with their client."
Earlier this month, Ebron had his contact with witnesses in Lonzie's case limited by Judge Marianne Aho. That order included Ebron's parents, and Perkins wants Ebron's parents to be able to visit him without a lawyer having to be present.
According to the state, Ebron attempted to contact his ex-girlfriend, who has an injunction against him, more than 30 times the first three weeks he was in jail. She and Lonzie's mother, Lonna Lauramore Barton, who are not on the witness list, were also included in the judge's no-contact order.
The State Attorney's Office said it will seek "enhanced penalties" for Ebron on the five felony charges, citing his extensive arrest record, which makes him a habitual offender. He has prior convictions for grand theft in 2001 and 2011.
Police have said that they believe Ebron, who was the last person to see the toddler, murdered Lonzie, who was reported missing July 24.
Perkins said he anticipates more charges will be filed against Ebron and that other people could be arrested in connection with the case. Nichols said more arrests could work in Ebron's favor if Perkins can point to the possibility of others being involved in Lonzie's disappearance.