CHESAPEAKE
Defense attorneys are usually the ones to ask a judge to move a trial.
This time, it's the prosecutor.
Prince William Commonwealth's Attorney Paul Ebert has asked that the man accused of killing a Chesapeake detective be tried outside Hampton Roads - a request several Virginia law experts say is almost unheard of for a prosecutor to make.
Ebert said this week that the publicity surrounding the case of Ryan Frederick - some of which he characterized as inaccurate and based on speculation - has made a fair trial impossible in Chesapeake. Ebert was named the special prosecutor in the case because he is from another jurisdiction and has no ties to Chesapeake police.
Much of that publicity he mentioned has come from the Internet. A number of people have come forward in person or online to support Frederick or to criticize the police's actions the night Detective Jarrod Shivers was shot and killed.
"When you think of a change of venue, you usually think of a defendant who thinks he or she cannot get a fair trial because of the inflamed sentiments of the community," said Scott E. Sundby, a law professor at Washington and Lee University. "The bottom-line question is whether you can get a fair and impartial jury out of the community."
Shivers died Jan. 17, near the front door of Frederick's home on Redstart Avenue, after he was shot with a .380-caliber bullet. He was among at least a dozen officers who went to the house that night to search for drugs. The 29-year-old Frederick admitted firing twice but maintains that he shot at what he thought were burglars trying to break in. He is charged with capital murder, use of a firearm in the commission of a felony and possession with the intent to distribute marijuana.
Shortly after the shooting, supporters created a MySpace page for Frederick and planted a sign in his yard that read, "We support you Ryan Frederick." A rally outside the Chesapeake Correctional Center just more than a month after the shooting attracted dozens of people - some of whom said they didn't know Frederick but believed he was trying to protect himself. On the Internet, a number of writers have taken up Frederick's case.
Many of those posts contain information or opinions that a lawyer or a judge might consider prejudicial for potential jurors, such as one blog that accuses Chesapeake police of a cover-up.
The Internet has given a potentially unlimited audience to opinions and conversations that used to take place in private - a revolution that could influence a jury pool, said Paul Marcus, a law professor at the College of William and Mary.
"Back in the days when there were two or three newspapers per city and a couple of TV stations and radio stations, you could actually run the number of hits," he said. "Today, it's inconceivable. It makes life much, much more complicated."
Radley Balko, a senior editor at Reason magazine who has written some two dozen blog posts about the Frederick case, said he believes such publicity likely factored into the request to move the trial.
"In the last few months, as more and more has come out, there has been a decided shift in public opinion in the case," Balko said. "Ebert, wanting a new venue, is probably aware of that, too."
Ebert did not return telephone messages left Wednesday and Thursday about the motion.
Frederick's attorney, James Broccoletti, objects to the motion, pointing to the expense of such a move, the burden on witnesses and the rights of Chesapeake citizens to hear the case.
A pretrial-motions hearing is scheduled for next week in Chesapeake Circuit Court. The trial is scheduled to begin Jan. 20.
Kristin Davis, (757) 222-5208, kristin.davis@pilotonline.com
Delicious
Digg
Reddit
Facebook
Google
Yahoo
chesachap
Yes, he is. He has to save them. If he chosses to appeal any loss for the change of venue he is going to have to put on a show.
Like they say, you cannot have peace until you have justice. Another chip of our humanity is being chiseled off.
why move trial?
Could the prosecutor be compiling opinions (such as these) posted which are are overwhelmingly critical of the police procedure and decision to invade Fredrick's home- to show to the judge saying, "See? Too many people who live here are suspicious." Police accountability appears to be the main issue. 'Equal justice' might take a back seat to 'saving face' for those in law enforcement that tragic evening.
Apparently the last thing
Apparently the last thing the prosecutor wants is a well informed jury of Ryan Frederick's peers.
Ryan frederick should be free.
the Federal Government needs to step in and do the right thing. The local Government in Chespaeake obviously is not going to.
authority v. liberty
Ira, Dr. Tabor; I often disagree with you gentlemen on many issues. However, on the issue of a coercive authoritarian government we are simpatico. I wish to thank you for your diligence and determination to keep basic human rights in the fore front of these discussions.
Shivers and Frederick are both victims of the systematic erosion of our basic liberties and laws based on superstition and not scientific fact.
Tragedy..........
This case was a terrible tragedy for the City of Chesapeake, Detective Shrivers family and everyone involved. Fredericks has been charged...let him get a fair trial by a jury of his peers where the Commonwealth says the crime occured.
missing the point
The main reason the prosecution wants the trial moved is to get Fredericks to a location where all people know is that an accused cop killer is being tried in their town. Their first impression is what the prosecuter is going after. So therefore, the comment "innocent until proven guilty" will actually mean the opposite. They can look and read (after the fact) all they want, it's initial perception they're after. Wherever it's held, I just hope he gets a fair trial and if it was a terrible accidental death I would like for the CPD to admit where they could have done a better job and learn from it.
Weak Case
If the prosecutor had a strong case, he'd never consider asking for a change of venue.
Opinions to ourselves?
Don is right. Basically the courts do not like us to watch what is going on. It seems suspect to me that someone(see below)who supports the CPD's actions in this case critiques other posters for having an opinion. Open discussions about current issues is the gift the internet has provided. The prosecutor wants the trail moved becasue the comments are being perceived as against his case. If they were for his case he would have no problem w/ it. So what is the real issue? One of two things. Either he does not believe the citizens of Chesapeake are able t oeffectively serve on a jury as they do every day of the year, or he is trying to limit the pool to a local of his liking. The media coverage of this is only being generated due to unanswered questions. Becasue we want to know as citizens the trial should be moved? Baloney. This is about marking up a "W".
Relevant excerpts from the Declaration of Independence
In listing the offenses of King George against the Colonies, Jefferson found these abuses which are relevant to this case:
"For protecting them(British Troops), by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:.... For transporting us beyond Seas to be tried for pretended offences:"
Sort of like holding an internal revue of the case which exonerates the police, but keeping the details secret, and then taking the defendant to be tried by juries not familiar with the case where the news can be more easily manipulated by the prosecutor.
Ebert ha been attempting to manipulate the news media from day one. Now, journalists, perhaps with some prodding by blogs, have their guard up, and he wants to find easier prey.
One Percent may be high
No post at TidewaterLiberty has had more than 300 hits in a single day and none more than 1000 cummulative. I can't track where those who only read them come from, but of the comments, as many come from distant places as from here. A considerable number of the readers are journalists seeking varied points of view. Many of the comments most critical of the CPD come from policemen from other jurisdictions as far away as Canada. That leaves few potential jurors.
The other major blog covering the trial is TheAgitator by Radley Balko, and I'm sure it has more readers, but at the same time, the percentage from Chesapeake reading that national libertarian blog is vanishingly small.
I am often characterized as Frederick supporter, but that is inaccurate, I am a Libertarian and a critic of government excess. Until the CPD answers my questions on its use of force in my name, I cannot remain mute.
Hear, hear! I want to know the truth as well...
No matter where the trial takes place, in a real court room presided over by a fair judge, or a small out-of-the-way little town court house...the truth about all these questions will be revealed.
Chesapeake Police should be ashamed of themselves.
This has all the markings of a cover-up!
Doc
I believe your estimate of only 1% is low. However, despite our obvious disagreement over the entire shooting, unfortunately I have to agree that no matter where the trial is moved, informed and interested citizens will review previous ariticles and posts. I still hope the trial will be televised, as stated earlier. I want to see the evidence for myself. I want to see the explanations for all the questions. I submit to all of you that we continue to monitor the trial but keep our opinions to ourselves so that the trial can be scheduled and both sides get the impartial jury they deserve.
You can't run away from the internet
Not everyone uses the Internet to inform themselves. I would imagine that no more than 1% of the potential jurors in Chesapeake have read the blog entries or Internet news articles Ebert is worried about.
But for those who do use the Internet, locality does not matter. If Ebert gets his change of venue, as soon as the news comes out in the host community that the trial of an accused cop-killer has been moved there, Internet users will Google Ryan Frederick and Det. Shivers and those blog entries, and archived news articles, will be just as widely read in the host community as here, maybe even more, as a change of venue by the prosecution is so rare it will immediately pique the curiosity, and suspicion, of those Internet users. They are, after all, a savvy and curious group.
This is the information age, you can't really hide from the truth anywhere.