YOUNGSTOWN, Ohio - Robert Seman's defense attorney is asking a judge to declare a mistrial and move the death penalty case out of Mahoning County.

According to the court docket, the motion filed Thursday by Attorney Thomas Zena asks Judge Maureen Sweeney to disqualify the pool of potential jurors, declare a mistrial, discharge the jury and change the venue of the trial.

Since the motion has been filed under seal, the basis for the requested mistrial has not been disclosed.

Judge Sweeney issued a ruling on Monday a change of venue in the case was premature.

Zena has also filed a notice that he plans to argue that Seman has an alibi for where he was at the time of the crime.  

The notice says that Seman claims he was at his Green township home when 10-year-old Corinne Gump and her grandparents William and Judith Schmidt died in a fire set at their Youngstown Home last year.

Defense attorneys are concerned that Seman can't get a fair trial in Mahoning County because of the pre-trial publicity surrounding the case.

Potential jurors are being questioned one by one to determine if they can be fair and impartial if seated in the triple murder case.

The jury selection process began Tuesday, but was suspended late this week because Judge Sweeney had a previously scheduled judicial conference to attend.

Jury selection is scheduled to resume on Monday.

If a jury has not been seated early next week, the judge could reconsider the motion by the defense for a change of venue.