Posted on 01/16/2011 10:06:17 PM PST by Free ThinkerNY
Federal authorities are planning to move the trial of the alleged gunman in the Jan. 8 mass shooting in Tucson to San Diego because of extensive pretrial publicity in Arizona, federal law enforcement sources said Sunday night.
Jared Lee Loughner, 22, is charged in federal court in Arizona, but court officials plan to move the case out of the state within several weeks, the sources said. They cited publicity and the sensitivity of the case in Arizona, where one of those fatally shot was John M. Roll, the state's chief federal judge.
The new chief judge, Roslyn O. Silver, will make the final decision about any venue change, but one law enforcement official said "it's going to happen. It's just a matter of time.''
Loughner is charged in the massacre that killed Roll and five others and wounded Rep. Gabrielle Giffords (D-Ariz). Legal experts have said his lawyers are likely to seek a change of venue to ensure he receives a fair trial.
Federal officials said San Diego would get the case in part because it's one of the closest judicial districts to Arizona. A San Diego-based federal judge, Larry A. Burns, was appointed last week to hear the case because Arizona judges recused themselves. Judy Clarke, Loughner's attorney, is also based there.
(Excerpt) Read more at washingtonpost.com ...
I’m pretty sure that in a federal criminal trial, only the defendant can request a change of venue.
Why do I sense this killer is going to be put in some half ass funny farm and eventually make his way to freedom.
That was when Italian immigrant Giuseppe Zangara shot the mayor of Chicago while trying to get FDR (I have the gun in my hand. I kill kings and presidents first and next all capitalists
). Only 33 days elapsed between trigger pull and button push.
It’s difficult to hold any sort of trial in a venue when all the judges in that venue have recused themselves. And, as the article noted, the defense counsel is based in San Diego.
Arizona and Southern California are tied pretty closely.
A lot of people escape Arizona heat by going over to the SoCal beaches for instance. And a lot of Californians go to the Colorado River.
IOW they aren’t moving it that far away.
This is a federal trial so maybe they
should have moved it to a different COUNTRY!
Welcome to Peru, Jared...
By the way, that is the same reason Eric Holder wasn’t going to be able to unilaterally move the trial of Gitmo detainees outside of the Southern District of New York.
If the argument is only about the geographic venue, I guess they could bring in a presiding judge from San Diego or anywhere else to sit in Tucson or Phoenix if he were to refuse a change of venue.
Is that a "Judge Ito" pick up the courtesy phone...Judge Ito....
Simi Valley would be better.
Alexandria VA. If you are going to go federal go to the rocket docket.
You forget the jury pool. San Diego residents are not represented by Giffords.
San Diego juries are not L.A. downtown juries. We can handle this case.
Nice work, Dupnik... you crazed @ssclown.
LOL at that cartoon!
The federal districts tend to be larger geographically than local or state courts. I believe it will end up in SD, but as pointed out, only the defendant can ask for that change of venue. His lawyer is based in SD, so that could affect what ‘he’ wants.
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