News (Media Awareness Project) - US KY: Judge Denies Blakely A Change Of Venue |
Title: | US KY: Judge Denies Blakely A Change Of Venue |
Published On: | 2002-03-05 |
Source: | News-Enterprise, The (KY) |
Fetched On: | 2008-01-24 18:51:50 |
JUDGE DENIES BLAKELY A CHANGE OF VENUE
A Hardin Circuit judge denied a change of venue request on Monday for an
upcoming drug trial, saying that it remains to be seen whether a change of
venue is necessary.
Charles Steven Blakley's second trial for methamphetamine-related charges
is scheduled for March 20, but his attorney, Mike Moulton, filed a motion
last week seeking a change of venue to elsewhere in the state. In the
motion, Moulton said media coverage of his defendant, in particular by The
News-Enterprise, had been "prejudiced of a great nature," with the result
being that a fair trial could be had in Hardin County.
He entered numerous News-Enterprise stories about methamphetamine and
Blakley into evidence and called former News-Enterprise staff writer Brian
Walker, who wrote many of the stories, as a witness. Moulton criticized the
newspaper's characterization of Blakley, saying that some of the published
information "strongly implied" guilt on the part of Blakley and defendants
in other drug cases.
Moulton also questioned the newspaper's timing regarding the recent
publication of a series of stories about methamphetamine at roughly the
same time as coverage of Blakley's first trial.
"Mr. Blakley's name has come up so many times in the paper." Moulton said.
"Common sense tells you that the stories that have come out in that paper
can only have a prejudicial effect."
But Hardin Circuit Judge Kelly Easton said it's impossible to know whether
potential jurors for Blakley's next trial have been affected by reading
stories about Blakley and/or the methamphetamine trade in general.
"We don't know until the jury's actually questioned," he said, at which
time a change of venue could be made if necessary.
In addition to Moulton's change of venue request, attorney Larry Holbert
requested a gag order for Blakley's upcoming trial. Holbert, whose client,
Marty McMillen, is a defendant in a related case, sought to prevent
attorneys and police from speaking to The News-Enterprise about Blakley's
case. Easton denied the request.
A Hardin Circuit judge denied a change of venue request on Monday for an
upcoming drug trial, saying that it remains to be seen whether a change of
venue is necessary.
Charles Steven Blakley's second trial for methamphetamine-related charges
is scheduled for March 20, but his attorney, Mike Moulton, filed a motion
last week seeking a change of venue to elsewhere in the state. In the
motion, Moulton said media coverage of his defendant, in particular by The
News-Enterprise, had been "prejudiced of a great nature," with the result
being that a fair trial could be had in Hardin County.
He entered numerous News-Enterprise stories about methamphetamine and
Blakley into evidence and called former News-Enterprise staff writer Brian
Walker, who wrote many of the stories, as a witness. Moulton criticized the
newspaper's characterization of Blakley, saying that some of the published
information "strongly implied" guilt on the part of Blakley and defendants
in other drug cases.
Moulton also questioned the newspaper's timing regarding the recent
publication of a series of stories about methamphetamine at roughly the
same time as coverage of Blakley's first trial.
"Mr. Blakley's name has come up so many times in the paper." Moulton said.
"Common sense tells you that the stories that have come out in that paper
can only have a prejudicial effect."
But Hardin Circuit Judge Kelly Easton said it's impossible to know whether
potential jurors for Blakley's next trial have been affected by reading
stories about Blakley and/or the methamphetamine trade in general.
"We don't know until the jury's actually questioned," he said, at which
time a change of venue could be made if necessary.
In addition to Moulton's change of venue request, attorney Larry Holbert
requested a gag order for Blakley's upcoming trial. Holbert, whose client,
Marty McMillen, is a defendant in a related case, sought to prevent
attorneys and police from speaking to The News-Enterprise about Blakley's
case. Easton denied the request.
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