CHESAPEAKE
The special prosecutor in the case against Ryan Frederick, a Chesapeake man accused of killing a city detective, wants his murder trial moved out of Hampton Roads.
The commonwealth has urged the court for a change of venue from Chesapeake to a jurisdiction elsewhere in the state. Frederick is scheduled to stand trial Jan. 20 in Chesapeake Circuit Court on charges of capital murder, use of a firearm in the commission of a felony and possession with the intent to distribute marijuana.
His defense attorney, James Broccoletti, said Tuesday that he opposes any move, arguing the mere public knowledge of the case alone is an insufficient reason for a change of venue.
"The citizens of Chesapeake have not only the obligation but also the right to sit in judgment in a capital case of this
magnitude, involving allegations of murder of a police officer that occurred in their own city," Broccoletti said in response to the change-of-venue motion. "That opportunity should not be taken away from them and shifted to jurors in another jurisdiction without cause."
A pretrial-motions hearing is scheduled for next week before Judge Marjorie A.T. Arrington.
Frederick is accused of fatally shooting Detective Jarrod Shivers on the night of Jan. 17 while Shivers and more than a dozen other officers executed a drug search warrant. Shivers, a 34-year-old father of three, was standing at the steps of Frederick's front door in the 900 block of Redstart Ave. when he was shot, police said.
Frederick said he fired two shots through his door at what he feared were intruders that night. The shots were fired as officers on the other side of the door used a battering ram on it.
One shot from a .38 -caliber handgun hit Shivers in a side area of his body unprotected by his vest.
Paul Ebert, the commonwealth's attorney from Prince William County, was appointed to prosecute the case after local prosecutors who had worked closely with Shivers said they wanted to avoid any perceived appearance of conflict or bias.
The case has received local and national publicity.
Ebert said the publicity - some of it inaccurate and based on speculation - makes it impossible for the commonwealth to get a fair trial in Hampton Roads. He wants the court to find a jurisdiction that could host a trial of such size.
"As a general rule, they try to get a place with similar demographics," he said.
Broccoletti said he thinks that "the pretrial publicity regarding this case has been remarkably restrained and objective."
He argued that a decision at this time about a change of venue is premature and, if granted, would impose a substantial burden to his client and civilian witnesses. The move would burden the Chesapeake Sheriff's Office with transporting and securing Frederick in another jurisdiction, Broccoletti said.
It also would burden the host jurisdiction, he said. The defense, its witnesses, support staff, the judge and court clerks would have to travel and make overnight accommodations in a new jurisdiction, Broccoletti said.
Broccoletti, in a motion to the court, asked that the selected jury for the trial be allowed to travel to the Portlock section of the city to view the crime scene, both inside and outside Frederick's home. He also seeks to have the court sever the drug case from Frederick's murder case.
"They're separate events and should be tried separately," he said.
John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com
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Mr. Price
In spite of what you seem to believe, I am not in the habit of making outright statements that are based on speculation, conjecture or disdain of a particular group (such as the CPD). Like you, I have followed this tragedy very closely (your first post, entitled “Rest in Peace” was on 1/18/08), and have gleaned information from a variety of sources – news media, blogs and even customers of mine, who live in Mr. Fredericks neighborhood, who WERE there, or had spoken to other neighbors, who were. Here’s a tidbit – those 12 cops (or was it 16?) that conducted the raid, arrived in ONE car…
Give the devil his due, Mr. Price – because you haven’t read or heard the same things that I have, that lend credibility to my assertions, does not mean that they are false, or non-existent…
Have a safe weekend - a storm is coming...
RE: Wilburn
Please reread your post again. Read all the allegations you have made and only have news reports to back a few, but not all of them. It is not only OK to ask questions, but it should be demanded by the public in this incident. But stop asking questions to which you have already formed a biased opinion. I am willing to bet if Fredrick came out and plead guilty to all the charges you would say "cover up", he was forced, etc. If all the misconduct you claim the police have done is proven to be true you would stand on the highest peak and shout "I knew it all along". If the misconduct is true then let the firings begin. The truth of the matter is you and I were not there and never will be. Please continue to ask the questions, but as you stated do not be so "blind" to look at both sides of the issue.
Hole
Doc, It will also be interesting if we get to see the evidence video shot by the forensic techs the night of the shooting. Imagine if this video shows no bullet hole that night. Could the family have made the hole? Could it be from something else such as a nail pop like those that broke my plaster when I had a new roof put on? As for the .223 casing recovered, if the police were trying to cover something up, why list the item on the evidence sheet? And as for the detectives testing positive for GSR, DUH!! They should all have done a safety check on their weapons, which hopefully, they have practiced shooting recently. But as Price said, thanks for the link. But as usual, the report means nothing until it is fully explained in court.
Re; a bit far stretched...
Mr. Price - There is an old saying - "None are so blind, as those who will not see."
I think that whoever coined that saying, must have known you, and bhound2, and sidney16.
Have a nice day...
Re; a bit far stretched...
Mr. Price - There is an old saying - "None are so blind, as those who will not see."
I think that whoever coined that saying, must have known you, and bhound2, and sidney16.
Have a nice day...
Re: John Wilburn
I have to say your post seems to a bit far stretched.
News report
DR. Tabor, thanks for posting that report from WTKR. I had forgotten the report was posted in the past. I would like to see the pictures from the bullet hole. If the family claims to have the pictures then why not show them? The family is not held to the rules of the court.
Sidney
Regarding the patched bullet hole, see
http://www.wtkr.com/Global/story.asp?s=8513927
If you are waiting for court documents for everything, who knows when, if ever, all of the truth will come out.
Citizens have a duty to oversee the operations of those who use force on their behalf. We generally delegate that duty to our elected representatives, or to the Fourth Estate, but ultimately, it is the true duty of good citizens to remain informed on what the police and other government agencies do in their name and to call them to account when they abuse the trust we place in them.
here we go again
If there was a bullet hole in the home and it was covered up or patched up,why was has this not been seen before? No pictures from the pilot. Nothing on TV. Oh, thats right, we are suppose to take RF's aunts word. The same one who admitted he smoked weed. As for the battering ram, I guess you are going to take the Piolts word. They are never wrong. Until I see it in writing from the courts, then I will believe it. I also believe that RF attorney has con't this a few times also. It does take some time for a high profile case like this sometimes. It appears to me that RF is doing ok because he sure looks heavier to me since the beginning. More like 30 pounds heavier. I guess it might be because he's not doing drugs in jail. And please finish the story about how the BIG BAD police man in Norfolk abused you. I'm sure you did nothing wrong. IT'S ALWAYS SOMEONE ELSE'S FAULT!
Legal Question
If the policeman was killed due to improper procedure, while in the line of duty, and under the dirction of the CPD, can his family sue for wrongful death? How much money does the city of Chesapeake stand to lose if Frederick is found innocent? Could this be why the prosecutor is concerned about the prosecution getting a fair trial?
This is an emotional issue, so please understand, I am not assuming any wrongful act on the part of the policeman. I just see him as following orders. If those orders are flawed, is the city culpable? I know if my husband had been improperly trained to handle a situation that resulted in his death, I'd take any action I could to make sure it didn't happen to another officer's family.
curious
Why is it that if illegal drugs are involved it's called ABUSE, but if it's precription drugs it's only MISUSE. That's the same mentality the DOD uses. How many people were stoned on either that night in Hampton Roads? How many were above the .08 limit that night? How many would have responded in similar fashion had someone been busting through your door? Try Ryan here. Please put me on the jury. Enough suffering has already transpired. Enough cover-up has already transpired.
Just the facts, ma'am...
The CPD accepted as true, the allegations of a known criminal, made against a person with no record, and made no attempt to investigate and confirm those allegations.
(Shoddy police work.)
The CPD directed a known criminal, and accomplice, to burglarize private property.
(Illegal and unprofessional.)
The CPD made false statements, under oath, to a magistrate, in order to obtain a search warrant – the effect of which is to render the warrant illegal.
(Perjury, illegal and unprofessional.)
The CPD (Det. Roberts) testified that they knocked and announced their presence multiple times, and no shots were fired by police.
(Perjury, illegal and unprofessional.)
The CPD attempted to conceal evidence (patched bullet hole).
(Illegal and unprofessional.)
The police are subject to the law, just like the rest of us…
Some more questions arise?
The informant that supposedly saw the operation?
The informant that broke into his house?
What plea deal did the informant receive for making these accusations?
The cop was shot in the door, no wait in the yard? Where exactly?
I know there is only one sided reporting and a lot of speculation but why haven't the police put the rumors to rest?
With this case receiving local and national attention, where is the prosecutor going to move the trial to get the verdict he wants: out of country?
Frederick
They did find drugs in his house and he did murder a police officer. That makes him a substance abuser and a killer.
Fair Trial?
Ryan Frederick doesn't stand a chance at getting a fair trial. Why would such a high-profile case be assigned to the newest judge on the bench? Says a whole lot about the competence of the rest of the judges. At least it wasn't assigned to that idiot Randall Smith. Too bad Judge Goodwyn's gone.
Easy Price
There are not many on these boars who live deeper in the country than me. It is not the amount of trees or farmland that changes a jury pool. It is the people. This is not a new legal ploy. I laid this case out in the ways the prosecutor would take steps from the start.
1) Hire hanging prosecutor
2) Manfactor any distribution charge to predjudice the jury regardless of finding of fact.
3) Make sure the jury thinks like you want them too.
4) Never ask questions you do not know the answer to.
#3 & #4 are are going to be tough to work with and less predictable here. He knows this. Basic strategy.
Breaking down the door?
I have always thought the reason for breaking down the door was to prevent evidence from being destroyed. If the growing operation was in a detached garage, (according to the informant) and a squad was at the garage, then there is no reason to break down a door. Why not ring the doorbell and announce, "This is the police and we have you surrounded. Come out with your hands up!"
Just who are they protecting?
This case against Ryan Frederick is still a sham...in that the details are constantly being run through the 'spin' cycle.
I wonder nearly every day when I read the news just who the Chesapeake police officers are really protecting; their own brothers in blue or the average citizen?
Thier tactics and the disregard for the rights of folks are regularly being shifted toward the 'Officer is Right' and the 'other guy' is (always) wrong.
There goes the country...
Our justice sytem is up 'For sale! - I hope you all know what that means!
Ira
please take a long breath. I think you there was some miscommunication on your part. "All trials" only compare in one way and that is was there due process and was it applied legally. I doubt this trial will be moved, but if it is moved all of us uneducated hicks out in the rural areas will judge based upon the evidence.
Crazy
"I can only hope that this officers family (children) are not reading any of the crap your putting on here! Makes me ashamed to even live in hampton roads with people such as yourselves. Good luck in your little lives!"
If citizens cannot discuss facts concerning a criminal trial and how it affects our rights then your husband really has nothing to protect.
It was a nice display of a prevailing attitude in some circles that the police should not be questioned.