Prosecutors almost never seek a change of venue in criminal cases if defense attorneys oppose the move. "It's extremely rare," says Greg Hurley, an analyst with the nonprofit Center for Jury Studies at the National Center for State Courts.
Why, then, is special prosecutor Paul Ebert trying to move the trial of Ryan Frederick, charged with killing a Chesapeake police detective, into another jurisdiction? Jarrod Shivers was fatally shot Jan. 17 outside Frederick's home while he and other officers tried to execute a drug search warrant.
Ebert is the commonwealth's attorney from Prince William County assigned to try the case. He told The Pilot that publicity, some of it inaccurate, makes it impossible for the state to get a fair trial here. Generally, defense attorneys request a change of venue, claiming their clients face a biased climate.
Two problems with Ebert's premise: First, the prosecutor has not specified the nature of the "misinformation" or its source. Certainly, there's plenty of controversy, even suspicion. Yet, Ebert has offered no compelling evidence that press coverage and Internet chat have so inflamed and twisted public opinion as to turn a trial into a circus.
Second, Ebert must know that residents in Chesapeake, as supportive of the men and women in blue as any city in the region, are honestly troubled by this case. Bloggers and letter writers have questioned the Police Department's judgment in the way it carried out the raid, why officers waited until nighttime hours, and the very small quantity of marijuana ultimately recovered from Frederick's house. Supporters have held some rallies on his behalf. But these modest political activities should not overcome the benefit of the doubt about whether a fair jury can be assembled from Chesapeake citizens.
Frederick's defense attorney, James Broccoletti, contends that pretrial publicity is no bar to a fair trial and that Chesapeake's citizens have the obligation and the right "to sit in judgment in a capital case of this magnitude."
Earlier this year, shortly after prosecutor Ebert took on the case, he was asked about a change of venue. He replied, "I doubt the commonwealth will ask for a change of venue, but the defense might."
His change of heart is as curious as it is unjustified. So far, there's no reason to move this trial out of Chesapeake. This is a Chesapeake case, involving Chesapeake citizens and the performance of Chesapeake institutions. Residents should be given the opportunity to hear witnesses and the evidence, and render a fair verdict.
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Citizen Oversight
The people grant the government a monopoly on the initiation of force to accomplish its ends. In doing so, the citizens acquire a duty to monitor that use of force to be certain it conforms with our Constitution and the Rule of Law as well as the values of the citizens government represents. Though we often delegate that oversight to our elected officials and the press, it remains a duty of individual citizens to attend court session and government meetings, just to let them know we are watching.
However, if this trial is moved to a distant location, that will place an enormous burden on citizens who intend to exercise that right to oversee the process. This case has already seen last minute re-schedulings and re-locations that have evaded citizen oversight. This trial should take place in Chesapeake in the full light of public scrutiny, and not be furtively hidden away in some venue where the machinations of the system can be hidden from public view.
Problems!
The prosecutor dropped the death penalty option. Now he wants to move this case to another jurisdiction. These moves hint at more than just minor problems with prosecuting this case. It smells like the City of Chesapeake and Mr. Frederick will be on trial. Let's see if the good old boys will allow this case to remain where it should, in the City of Chesapeake.
Because it's all a conspiracy!
Seriously, a change of venue serves the same purpose as a special prosecutor - it avoids the appearance of impropriety. If RF is convicted in Chesapeake, the RF supporters will scream that he was railroaded. Simple as that.
However, the RF supporters also think that he's being railroaded with a special prosecutor, and will think he's being railroaded with a change of venue. In other words, there are many people (and they will be posting here today) that are certain RF will not get a fair trial anywhere. I am not one of those people.
Ryan Frederick killed a man, and I look forward to him getting the fair trial that he and the citizens of Chesapeake deserve.
Something Fishy
There are a Lot of things that are "Curious" about this case. And they all seem to be originating from the Police and the Prosecution. Seems to me that they would have had to have a "Slam Dunk" case to go after a Capital Murder charge. From all indications this is not the case. And I also find it Curious that they don't Trust the citizens of Chesapeake to properly judge one of their peers..