Ryan Diviney was moved out of his home and into Morristown Memorial Hospital in New Jersey June 30 after an initial trip through the St. Barnabus ICU June 28.
He is currently suffering from injury-related pneumonia, and an EEG scan showed Diviney is suffering from "silent seizures." He is being medicated to minimize them. He also has a significant blood clot in his upper right leg, according to updates on the Ryan's Rally organization website July 6.
Diviney, a West Virginia University sophomore from Ashburn, Va., has been in a coma since he was attacked outside the Willey Street Dairy Mart at 3:10 a.m. Nov. 7, 2009.
Ryan has been placed on a ventilator and has been dosed with antibiotics to fight the pneumonia. Ken Diviney, Ryan's father said he was possibly going to have an MRI late Tuesday.
Jonathan May, 18, and Austin Vantrease, 18, of Newark Del., were arrested and charged with malicious assault Dec. 9, 2009 in connection with the beating.
Ken Diviney, Ryan's father, said in an earlier interview a trial postponement was granted from March 16 to July 16 because the attorneys requested time for review of medical records provided by the state.
"It's killing me to sit and stay silent," Ken said.
His heart rate has been high, and he has had temperatures as high as 108, he said.
One of the accused teens, Austin Vantrease, and his attorney, Jim Zimarowski, filed a motion June 23 for a change of venue.
"Everyone has the right to a fair trial," Ken said.
Case law states a defendant must show good cause for a change of venue, said Bader Giggenbach, an attorney who specializes in criminal defense.
Good cause means proof the defendant cannot get a fair trial in the county where the offense occurred because of the existence of a local hostile sentiment against the defendant, he said.
Jury bias is normally tested using a poll of community members to see how many know about the case, Giggenbach said.
Zimarowski was unavailable for comment.
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