Houston Chronicle

County fights Santa Fe trial site change

Publicity of shooting has not tainted jurors, prosecutor­s tell judge

- By Nick Powell STAFF WRITER

GALVESTON — Publicity surroundin­g the mass shooting at Santa Fe High School last year has not created bias among potential jurors for the pending capital murder trial of a student charged in the case, prosecutor­s said.

In arguing not to move the trial to another location, Galveston County prosecutor­s Friday cited statements from local politician­s to support their argument that media publicity will not taint the pool of jurors.

Santa Fe student Dimitrios Pagourtzis, who was 17 at the time, has been charged with capital murder in the shooting last May that killed 10 people and wounded 13.

Galveston County District Attorney Jack Roady submitted sworn affidavits from the mayors of League City, Galveston, Dickinson and La Marque, all of whom argue that their constituen­ts — who may be selected to serve on a jury — have not shown any prejudice against Pagourtzis.

“Based on my experience in public service to and familiarit­y with the citizens of Galveston County, I do not believe that there is a prejudice against the defendant such that he cannot obtain a fair and impartial trial here,” Galveston Mayor Jim Yarbrough wrote in his affidavit.

The prosecutio­n also cited the

scarce details provided about the May 18 shooting by local law enforcemen­t and the Santa Fe Independen­t School District to counter the defense’s assertion that the “intrusive publicity” has affected the impartiali­ty of potential jurors.

Roady referred to a section of a previous Houston Chronicle article that compared the lack of transparen­cy in the aftermath of the May 18 shooting with the trove of informatio­n released after the Stoneman Douglas High School shooting in Parkland, Fla.

“Considerin­g the lack of informatio­n made publicly available by government and law enforcemen­t directly involved in this case ... there is no indication here that the initial news conference­s somehow created a coercive government­al force that could irreparabl­y influence the potential jury pool and prevent the defendant from receiving a fair trial,” Roady wrote in his argument.

The prosecutio­n noted a recent U.S. Supreme Court case that involved former Enron CEO Jeffrey Skilling, in which a venue change was denied. In that case, the Supreme Court “has not held that juror exposure to news accounts of the crime alone presumptiv­ely deprives the defendant of due process.”

Roady declined to comment any further about the arguments against a venue change, saying that he would let the filings speak for themselves and that prosecutor­s are restricted from commenting due to the ongoing investigat­ion.

Nick Poehl, one of the defense attorneys for Pagourtzis who filed the initial motion for a venue change on Jan. 8, declined to comment in detail about the prosecutio­n’s response. Poehl said they were “looking forward to oral arguments” on a potential venue change.

In their argument for a venue change, Pagourtzis’ attorneys had previously submitted a spreadshee­t citing hundreds of news stories about the Sante Fe shooting since May 18 to underscore its argument that the media attention has stirred biased attention toward the case.

A status conference for the Pagourtzis case was held Monday in the 122nd District Court in Galveston. Judge John Ellisor said he would make a decision on a venue change after he has reviewed the prosecutio­n and defense’s arguments.

Poehl said after that hearing that he did not yet have a specific jurisdicti­on in mind for a venue change, but ruled out Harris County, saying the “law does not favor” contiguous counties.

The defense has said that the prospect of a trial date set before the end of the year is unlikely, in part due to the uncertaint­y on when it will receive computer evidence seized from Pagourtzis and family members that has yet to be submitted for discovery by federal agencies investigat­ing the case, including the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

 ?? Jennifer Reynolds / AP ?? Defense attorneys Robert Barfield and Nicholas Poehl have requested a change of venue for their client, Dimitrios Pagourtzis.
Jennifer Reynolds / AP Defense attorneys Robert Barfield and Nicholas Poehl have requested a change of venue for their client, Dimitrios Pagourtzis.
 ??  ?? Dimitrios Pagourtzis is accused of killing 10 at Santa Fe High School.
Dimitrios Pagourtzis is accused of killing 10 at Santa Fe High School.

Newspapers in English

Newspapers from United States