Sources: Loughner change of venue likely - WSFA.com Montgomery Alabama news.

Sources: Loughner change of venue likely

By Michael Truelsen - email

A change of venue is likely in the case of Jared Loughner, who faces multiple charges in the shooting of 19 people - six fatally - at a Jan. 8 Rep. Gabrielle Giffords' event.

Robert Weisberg, a Stanford University criminal law professor, told the Los Angeles Times that logic dictates that the case be moved.

"There's so much local volatility about this case, and there isn't a good argument against moving it to California," he said.

Finding an impartial jury pool is difficult enough, but if Loughner is convicted, it could be overturned if a judge finds that public opinion convicted him.

The Times reports:

Ingrid V. Eagly, who teaches evidence and criminal defense at UCLA School of Law, said "the judge would be engaging in a fact-based analysis, looking at all the different factors in finding a jurisdiction, the No. 1 being where can the defendant obtain a fair and impartial trial."

Defense lawyers can get convictions overturned on appeal if they can show that publicity surrounding their clients' crimes was so inflammatory that jurors were prejudiced. But the Supreme Court ruled in June that intense media coverage of the Enron Corp. scandal didn't automatically bias the Houston jury that convicted former Enron Chief Executive Jeffrey Skilling. That decision has likely encouraged prosecutors to try to keep the Loughner case in Tucson, said Laurie Levenson, a former federal prosecutor now teaching criminal law at Loyola Law School.

"The bar is fairly high to obtain a change of venue or claim prejudice [on appeal] if there hasn't been a change of venue," Levenson said. "That said, this is a pretty extreme case, and I wouldn't be surprised if the trial is moved."

The Washington Post, quoting anonymous federal law enforcement sources, reported that while the final decision has not been made, "It's going to happen. It's just a matter of time."

But it won't happen without a fight.

"The Department plans to bring the case in Arizona and will oppose any change in venue motions," said Justice Department spokesman Matthew Miller .

 

  • Trending StoriesTrending StoriesMore>>

  • Police: father killed 5-year-old son, buried him in backyard

    Police: father killed 5-year-old son, buried him in backyard

    Friday, February 23 2018 5:09 AM EST2018-02-23 10:09:31 GMT
    Friday, February 23 2018 5:09 AM EST2018-02-23 10:09:31 GMT
    Police said a father beat his 5-year-old son to death with a shovel Wednesday, and then buried him in a backyard. (Source: WGCL/CNN)Police said a father beat his 5-year-old son to death with a shovel Wednesday, and then buried him in a backyard. (Source: WGCL/CNN)

    Police said a father beat his 5-year-old son to death with a shovel Wednesday, and then buried him in a backyard.

    More >>

    Police said a father beat his 5-year-old son to death with a shovel Wednesday, and then buried him in a backyard.

    More >>
  • 'Heartbroken' Kenworthy visits South Korean dog meat farm

    'Heartbroken' Kenworthy visits South Korean dog meat farm

    Friday, February 23 2018 3:05 AM EST2018-02-23 08:05:09 GMT
    Friday, February 23 2018 11:38 AM EST2018-02-23 16:38:41 GMT
    (AP Photo/Ahn Young-joon). In this Friday, Feb. 23, 2018, photo, American freestyle skier Gus Kenworthy, left, and his boyfriend Matthew Wilkas watch dogs in cages at a dog meat farm in Siheung, South Korea. Kenworthy saved five stray dogs during the S...(AP Photo/Ahn Young-joon). In this Friday, Feb. 23, 2018, photo, American freestyle skier Gus Kenworthy, left, and his boyfriend Matthew Wilkas watch dogs in cages at a dog meat farm in Siheung, South Korea. Kenworthy saved five stray dogs during the S...

    The Associated Press joined American freestyle skier Gus Kenworthy on a tour of a Korean dog meat farm that's about to be shuttered by the Humane Society International.

    More >>

    The Associated Press joined American freestyle skier Gus Kenworthy on a tour of a Korean dog meat farm that's about to be shuttered by the Humane Society International.

    More >>
  • Teen missing from Kentucky since 2017 found 'confined' inside SC home, suspect arrested

    Teen missing from Kentucky since 2017 found 'confined' inside SC home, suspect arrested

    Friday, February 23 2018 10:36 AM EST2018-02-23 15:36:53 GMT

    A Kentucky teen who was taken from her home in December 2017 was found confined in a Saluda County bedroom and a 24-year-old man was arrested for her kidnapping. 

    More >>

    A Kentucky teen who was taken from her home in December 2017 was found confined in a Saluda County bedroom and a 24-year-old man was arrested for her kidnapping. 

    More >>
  • NewsMore>>

  • New execution date required for Alabama inmate after delay

    New execution date required for Alabama inmate after delay

    Friday, February 23 2018 3:04 AM EST2018-02-23 08:04:29 GMT
    Friday, February 23 2018 11:51 AM EST2018-02-23 16:51:15 GMT
    (Alabama Department of Corrections via AP). This image provided by the Alabama Department of Corrections shows Doyle Lee Hamm, an inmate scheduled to be executed Thursday, Feb. 22, 2018 in Alabama. Alabama is set to execute Hamm, who argues his past dr...(Alabama Department of Corrections via AP). This image provided by the Alabama Department of Corrections shows Doyle Lee Hamm, an inmate scheduled to be executed Thursday, Feb. 22, 2018 in Alabama. Alabama is set to execute Hamm, who argues his past dr...
    Alabama postpones execution of inmate with damaged veins.More >>
    Alabama postpones execution of inmate with damaged veins.More >>
  • Florida school shooting: 'abject breakdown at all levels'

    Florida school shooting: 'abject breakdown at all levels'

    Thursday, February 22 2018 11:34 PM EST2018-02-23 04:34:46 GMT
    Friday, February 23 2018 11:51 AM EST2018-02-23 16:51:05 GMT
    (Mike Stocker/South Florida Sun-Sentinel via AP). Mourners attend the funeral service for Marjory Stoneman Douglas High School assistant football coach, Aaron Feis. at the Church by the Glades in Coral Springs, Fla., Thursday, Feb. 22. 2018. Football p...(Mike Stocker/South Florida Sun-Sentinel via AP). Mourners attend the funeral service for Marjory Stoneman Douglas High School assistant football coach, Aaron Feis. at the Church by the Glades in Coral Springs, Fla., Thursday, Feb. 22. 2018. Football p...

    'Abject breakdown on all levels': Florida high school where ex-student accused of fatally shooting 17 people reopening to teachers Friday amid revelations an armed officer on campus did nothing to stop suspect,...

    More >>

    'Abject breakdown on all levels': Florida high school where ex-student accused of fatally shooting 17 people reopening to teachers Friday amid revelations an armed officer on campus did nothing to stop suspect, other issues.

    More >>
  • Report: FBI probe docs list range of payments to top players

    Report: FBI probe docs list range of payments to top players

    Friday, February 23 2018 10:37 AM EST2018-02-23 15:37:22 GMT
    Friday, February 23 2018 11:49 AM EST2018-02-23 16:49:48 GMT
    Bank records and other expense reports that are part of a federal probe into college basketball list a wide range of impermissible payments from agents to at least two dozen players or their relatives. (Source: NCAA)Bank records and other expense reports that are part of a federal probe into college basketball list a wide range of impermissible payments from agents to at least two dozen players or their relatives. (Source: NCAA)

    Bank records and other expense reports that are part of a federal probe into college basketball list a wide range of impermissible payments from agents to at least two dozen players or their relatives, according to...

    More >>

    Bank records and other expense reports that are part of a federal probe into college basketball list a wide range of impermissible payments from agents to at least two dozen players or their relatives, according to documents obtained by Yahoo Sports.

    More >>
Powered by Frankly