Larry D. Woodruffe, a capital murder suspect in the shooting death of 7-year-old Jazmine Barnes, faced a judge for the first time Thursday morning.
Prosecutors say Woodruffe was the gunman who pulled the trigger killing the seven-year-old girl.
Woodruffe's court-appointed defense attorney, Lisa Andrews, already says it is impossible for her client to have a fair trial in Harris County.
Andrews filed a motion for a change of venue claiming the extensive media coverage of the case will prevent the ability to select an impartial jury.
The defense attorney also asked the judge to advise prosecutors of their ethical responsibilities regarding pre-trial publicity.
"Some of our local leaders are taking steps, posting things on social media, that are inappropriate and unprofessional," Andrews said. "It's causing a lot of negative feelings and I believe it is prejudicing a potential jury pool."
Prosecutors disagreed.
"This court has shown an ability to pull a jury and present a fair trial," assistant district attorney Tom Berg said. "The idea that, at this early stage of the case, there is so great a prejudice that person can't get a fair trial is premature."
Many of the details concerning Woodruffe's alleged involvement are limited because the court documents are sealed.
When asked if Woodruffe is a gang member, Andrews said, "I'm not going to get into that because it's none of your business."
The court filings on Woodruffe have also been sealed.
Woodruffe has a long rap sheet and served time for family violence, according to HPOU President Joe Gamaldi.
Investigators say Eric Black, 20, was driving the car when Jazmine was shot. He's also charged with capital murder.
Andrews pointed out Thursday that the gun police believe was used in the shooting was found at Black's house.
"Shooters don't give up their gun," Andrews said. "And that gun that he led the cops to was at his house, not my client's."