The attorney for the man charged with the murder of his girlfriend in July 2011 has filed a motion seeking the trial of Kevin Sweat be moved out of Okfuskee County.
In May, a judge ordered Sweat to stand trial for the slaying of 23-year-old Ashley Taylor.
In August, the DA's office filed a bill of particulars seeking the death penalty for Kevin Sweat if he is found guilty of murder.
This week, Sweat's attorney filed a motion to quash the bill of particulars and declare the death penalty unconstitutional. The motion states a death penalty violates the fifth, eighth and 14th amendments of the U.S. Constitution.
Sweat's attorney also filed a motion seeking a change of venue. A June 2013 trial date has been set in the case.
Kevin Sweat is also accused of shooting and killing 13-year-old Taylor Placker and 11-year-old Skyla Whitaker.
His preliminary hearing is set for January 28, 2013. Kevin Sweat has pleaded not guilty in that case as well.