The man accused of killing his girlfriend's 3-year-old child has asked the court for a change of venue.
Thomas Joseph (T.J.) Presley has requested his case be moved from Morgan County. Presley is accused of killing Blake Litton in February 2012.
Presley initially reported the toddler's death as a hit and run.
Presley and the child's mother, Jamie Litton are charged with first degree murder and child endangerment.
The change of venue motion was heard late last week by Judge Ken Hayden in Morgan County.
The motion was sustained until a venue is determined.
Presley is currently scheduled to go to trial in September. Once a venue is determined, the trial date is expected to change. Morgan County had set aside Sept. 12-26 for the court proceedings.
Presley and his girlfriend Jamie Litton were initially charged with second degree murder and child endangerment. The first degree murder charges were filed on Nov. 15, 2012.
Presley reported the Feb. 16 incident that killed the toddler to police at 5:12 a.m. as a hit-and-run accident, allegedly telling a Morgan County deputy that he stopped on the side of the road to allow Blake to use the bathroom during a trip to Presley's brother's residence in Sedalia. Presley told police Blake ran into the road and was struck by an oncoming vehicle.
Investigators were unable to find loose vehicle parts, tire tracks, blood or urine along the side of the road and found nothing to support that an accident had happened.
Following the autopsy, the case was ruled a homicide.
Much of the evidence presented during earlier hearings focused on Litton's behavior at work during the night and text messages sent between Presley and Litton between 3 a.m. and 5 a.m. According to testimony by Morgan County deputy James Walker, Litton allegedly asked a co-worker "to borrow money to take her son to the hospital" after receiving text messages from Presley saying that said he "had lost it" when Blake soiled himself.
Other texts allegedly contained details about how Presley abused Blake. Presley took Blake and his younger sister, Faith, to Golden Age Nursing Home in Stover to visit Litton while she was at work.
Presley arrived at Jamie Litton's workplace around 5 a.m. and stayed for three minutes. Security footage shows her visiting with Presley. She allegedly took Blake's pulse before returning to work. Presley then drove to the site of the feigned hit-and-run with Blake and Faith. Prosecution alleges Jamie Litton did not call for an ambulance or police once Presley left.
Jamie Litton, whose shift was scheduled to end at 6 a.m., clocked out at 5:15 a.m. She then allegedly walked to a co-workers house to use a phone charger and was driven to the scene.
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