CHARLESTON, W.Va. -- A Kanawha Circuit judge will decide soon whether a trial for so-called sniper killer Shawn Lester will be heard by a local jury.
Lester's attorney, Chief Kanawha Public Defender George Castelle, has requested that Judge Louis "Duke" Bloom move the trial out of this county. He contends the volume and nature of publicity would make it difficult to empanel an impartial jury in Kanawha.
Assistant Prosecutor Don Morris objects to that request, and told the judge that in the media coverage surrounding those three 2003 murders at local gas stations Lester's name wasn't even mentioned. He was arrested and indicted last year.
Morris said, "They may have heard those things, but it's the sentiment against this defendant we're concerned about."
Castelle believes the fear experienced in the community at that time would also prejudice a jury in the upcoming May 29 trial. He submitted more than 200 newspaper articles written at the time.
"People were afraid to pump gas, they were cowering behind their cars or pumping gas only in daylight," Castelle told the judge.
"The trial would revive the fear or the memory of that time and make it difficult for Kanawha County jurors to neutrally apply the standard of proof beyond a reasonable doubt."
Bloom said options, besides moving the trial to another county, include sequestering a jury here or bringing in jurors from another county.
Castelle prefers a change of venue.
Family members of the victims -- Okey Meadows, Gary Carrier and Jeanie Patton -- said after the hearing that they want the trial held in Kanawha County due to the expense and inconvenience of traveling and staying elsewhere.
Greg Meadows, brother of Okey Meadows, said, "It would be very hard on everyone if we had to travel. We're hoping he does keep it here."
CHARLESTON, W.Va. -- A Kanawha Circuit judge will decide soon whether a trial for so-called sniper killer Shawn Lester will be heard by a local jury.
Lester's attorney, Chief Kanawha Public Defender George Castelle, has requested that Judge Louis "Duke" Bloom move the trial out of this county. He contends the volume and nature of publicity would make it difficult to empanel an impartial jury in Kanawha.
Assistant Prosecutor Don Morris objects to that request, and told the judge that in the media coverage surrounding those three 2003 murders at local gas stations Lester's name wasn't even mentioned. He was arrested and indicted last year.
Morris said, "They may have heard those things, but it's the sentiment against this defendant we're concerned about."
Castelle believes the fear experienced in the community at that time would also prejudice a jury in the upcoming May 29 trial. He submitted more than 200 newspaper articles written at the time.
"People were afraid to pump gas, they were cowering behind their cars or pumping gas only in daylight," Castelle told the judge.
"The trial would revive the fear or the memory of that time and make it difficult for Kanawha County jurors to neutrally apply the standard of proof beyond a reasonable doubt."
Bloom said options, besides moving the trial to another county, include sequestering a jury here or bringing in jurors from another county.
Castelle prefers a change of venue.
Family members of the victims -- Okey Meadows, Gary Carrier and Jeanie Patton -- said after the hearing that they want the trial held in Kanawha County due to the expense and inconvenience of traveling and staying elsewhere.
Greg Meadows, brother of Okey Meadows, said, "It would be very hard on everyone if we had to travel. We're hoping he does keep it here."
Bloom heard from Dr. Guy Vitaglione, a psychologist at West Virginia Tech, who said pre-trial testimony can sometimes affect jurors.
Vitaglione said, "What strikes me about this particular case is the perceived fear at the time, the specific facts and details of the pre-trial publicity and the sheer volume of the publicity.
"We can't say for a fact that people will be biased by that, but there's a high likelihood," Vitaglione said.
Castelle said that at the time of the sniper shootings, the FBI sent 60,000 fliers to Kanawha County residents in a search for information and more than 100 investigators followed up on more than 4,000 leads -- all people who he believes would be impartial jurors.
He said in recent publicity since Lester was arrested, prosecutors made statements that could affect a jury pool.
Castelle said, "They issued a press release that said 'Today is the first time we have a witness that says Mr. Lester admitted to the three shootings.' That is absolutely prejudicial, controversial and inadmissible in court.
"And we can't even ask potential jurors if they heard that," he said.
Castelle said, "The prosecutors held a press conference saying they have solved this mystery. But the mystery has not been solved."
The trial is expected to last three to four weeks and involve more than 100 witnesses.
Bloom will decide the venue issue within the next week.
