A woman I know rather well was involved in a horrible crime. There is pleanty of evidence--including witnesses--against her. Among the charges are posession of illegal drugs, complicity to child abuse (last I heard, they upped it to 1st dgr. criminal abuse), selling illegal drugs, bringing drugs across state lines, you get the picture.
The crimes took place in her home-county (in KY), she was held in the county jail, and the pre-trial and custody hearing took place there as well. Now she's trying to get it moved to another county an hour away for who-knows-why.
There has been little media coverage of the case, so there's been nothing in the paper/news since it happened, and she hasn't even lived in this county since she was bailed out a month or so ago. And travel costs and transportation are NOT an issue for her.
What circumstances would allow her to move the trial?
It's supposed to be a jury trial, but I don't know if that would affect anything or not...
2007-11-03 17:22:06 · 4 answers · asked by serena_dee 3 in Politics & Government ➔ Law & Ethics
It is possible to do so. it is called a "Change of Venue". OJ Simpson did exactly that.
In order to be granted a change of venue, you must prove that the jury pool is already substantially prejudiced (it doesn't have to be that they are prejudiced against her, they can also be prejudiced FOR her).
Either party may make a motion to change venue. It is very difficult to do, and I doubt she will be able to do if there is that much of a lack of media coverage.
2007-11-03 18:18:08 · answer #1 · answered by cyanne2ak 7 · 1⤊ 0⤋
It doesn't sound like she has a good reason. Usually this happens when the crime has local notoriety, and the only way to have a fair and unbiased jury is to move to another country where no one has heard of the crime.
Another reason, like what happened here in CA with the Scott Peterson case, is that the trial has so much national attention that it will be very hard to find 12 people who are unbiased and able to serve a very long jury duty. So they moved the trial from whatever country Modesto is in to San Mateo county, which has a large population and therefore a large jury pool.
Either way, that's not what is going on. I'm guessing that she's making a last ditch effort to try to get a judge or prosecution who will go easier on her.
2007-11-03 17:33:39 · answer #2 · answered by jellybeanchick 7 · 1⤊ 0⤋
Yes, It could be moved to another county if there are not enough resourses in that county. Also yes, if its trial by jury and they cannot find anyone to be a juror without bias, then yes it could be moved.
But only extreme cases I would think.
2007-11-03 17:28:23 · answer #3 · answered by greenfaerie 3 · 1⤊ 0⤋
You would have to be able to prove that the jury has been irreparably biased against you and you would not receive a fair trial. Or the same for the judge.
2007-11-03 17:24:38 · answer #4 · answered by Anonymous · 2⤊ 0⤋