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To: arthurus

Consider that a federal judge in the OK City bombing changed the venue to Denver at defense request.

Surely if that does not happen in this case, the trial will be seen as a preposterous farce, the biggest in United States history.

Venue and the Oklahoma City Bombing Case

Trial judges are generally reluctant to grant a defendant’s request for a change of venue in a criminal trial. A change of venue is inconvenient to the trial participants and is often financially costly. Nevertheless, when a judge believes that a defendant cannot receive a fair trial in the place where the crime was committed, he can order that the trial be moved to another location.

The attorneys for Timothy J. McVeigh and Terry L. Nichols, who were charged in federal court with the April 19, 1995 bombing of the federal office building in Oklahoma City, Oklahoma, that resulted in the deaths of 168 people, sought a change of venue from Oklahoma City. The defense attorneys argued that there was substantial prejudice against McVeigh and Nichols in Oklahoma City and the state of Oklahoma, making it impossible for them to receive a fair and impartial trial.

In an order issued on February 20, 1996, Judge Richard P. Matsch agreed. The news coverage of the events surrounding the bombing, its aftermath, and the arrest of McVeigh and Nichols had been extensive in Oklahoma. Matsch noted that the Oklahoma news media had “demonized” the defendants and run news stories suggesting that they had been associated with right-wing militia groups. Because the defendants had been charged with capital crimes, Matsch was concerned that Oklahoma jurors would not be able to set aside their prejudices and emotions to determine first whether the defendants were guilty or innocent and then, if found guilty, whether they deserved to be executed.

Therefore, Matsch ordered a change of venue to Denver, Colorado. Though he acknowledged that the victims of the bombing wished to attend the trials and that a change of venue would cause them hardship, Matsch concluded that the “interests of the victims in being able to attend this trial in Oklahoma are outweighed by the court’s obligation to assure that the trial be conducted with fundamental fairness and with due regard for all constitutional requirements.”

Read more: Venue - Venue And The Oklahoma City Bombing Case http://law.jrank.org/pages/11075/Venue-Venue-Oklahoma-City-Bombing-Case.html#ixzz0XCuufANc


2 posted on 11/18/2009 5:15:55 PM PST by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: Rome2000
What are the chances of anything better than a hung jury knowing that ultimately a guilty verdict will be thrown out if there is no Mohammedan on it? The Moho must be there and will vote "not guilty." Other jurors' families likely will be threatened or killed. This is the most boneheaded Proceeding in the history of US jurisprudence- unless Holder and Hussein allied with the defendants ad seek the same ends.
6 posted on 11/18/2009 7:33:18 PM PST by arthurus ("If you don't believe in shooting abortionists, don't shoot an abortionist." -Ann C.)
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