FORT MYERS, Fla. - Judge Thomas Reese announced he will move accused double murderer Fred Cooper's trial to Pinellas County. The trial will start on January 13th.

Cooper was tried a month ago for the murders of Steven and Michelle Andrews. The jury couldn't agree on whether he was guilty of first degree murder.

Cooper's attorneys issued a motion to have the trial to be moved because of the amount of publicity his case has received.

Ken Garber with the Public Defender's Office says, "There's been a great deal of publicity on the case very recently, which compounds the problem which we had from the previous publicity."

Garber cited articles in the News-Press, specifically one written by columnist Sam Cook, were he gave his opinion about the case.

"There were articles in which members of the Gateway community gave their opinion on the case."

Garber says it's virtually impossible to get a fair case.

"The publicity has been so pervasive in this case, it needs to be moved."

Prosecutor Anthony Kunasek opposed the motion to move the trial.

Kunasek says they summoned 100 people for the first trial, he says many of the prospective jurors were excused after they learned it was a multi-week trial.

"There wasn't a great number of jurors excused based on their opinion."

"We live in a community that is seasonal. We have residents that are coming and going."

But Judge Reese already had his mind made up.

Judge Thomas Reese responded to a comment Cooper's attorney made. "You called it a tidal wave of publicity it was a tsunami."

"In this particular case as it relates to this community, we need to assure the defendant and the State receive a fair trial."

Judge Reese says, "The only thing we can do is changing the physically location of the trial."

"I'm not concerned about money, I'm concerned about the defendant getting a fair trial."

The Andrews were found murdered two days after Christmas in December of 2005. The couple's toddler answered the door when deputies arrived. He lead the deputies to his parents bedroom where the couple was found dead.

Fred Cooper's girlfriend Kellie Ballew, was having an affair with Steven Andrews at the time. Ballew had broken up with Cooper prior to the murders.