HAMPTON - A judge this month denied a couple's request for a second change of venue for their upcoming trial.

Albert and Mitzi Fenzloff are charged with first-degree theft, fraudulent practice and ongoing criminal conduct related to their operation of a Sunnyside Memory Gardens, a cemetery in Floyd County. And originally, it was there the trial was to take place.

The trial was moved, however, to Franklin County based on the Fenzloffs' claim finding unbiased jurors in Floyd County would be too difficult.

Most recently, the couple filed a motion to change the venue again - this time to Hancock County - claiming Mitzi Fenzloff's family ties in Franklin County would make jury selection difficult there as well.

Mitzi Fenzloff's mother, her ex-husband's family and her stepfather's family live in Franklin County. Her son is a graduate of Hampton-Dumont High School.

District Court Judge John Mackey denied the motion, stating the Fenzloffs failed to demonstrate such a degree of prejudice exists in Franklin County that they could not obtain a fair and impartial trial.

Mackey also stated publicity surrounding the case in Franklin County does not rise to nearly the same level in Floyd County.

Sunnyside Memory Gardens, owned by the Fenzloffs since 2003, was put under state control in 2005 because the couple allegedly did not put money in trusts as required and did not place memorials.

State officials also revoked the couple's funeral home license.

St. Charles Township assumed operation of the 16-acre cemetery in 2007.

Contact Mary Pieper at mary.pieper@globegazette.com.