In April of 2015, a young man from Baltimore died, allegedly as the result of injuries he sustained while in police custody. The riots made the national news and led to intense debates and heated discussions all over the country, and within months six officers were indicted on multiple counts, from aggravated assault to second degree murder.

Now, all six of those officers will be going to trial in Baltimore – a move that, according to NBC News, “dealt a blow to lawyers for the officers who had argued that high profile protests and publicity following Gray’s death — coupled with the city officials’ recent $6.4 million wrongful death settlement with Gray’s family — would make it difficult to find an unbiased jury pool and warranted moving the trial outside of the city.”

The importance of an unbiased jury

Under the Sixth Amendment, all persons accused of a crime “shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed” (emphasis ours). The idea that the officers will not be tried by an impartial jury was the key argument for the defense’s request to change venues: how can those officers hope to be acquitted after all the controversy surrounding the trial? Indeed, how can the defendants of any high-profile case expect to be treated fairly?

The truth is, however, that the burden to prove that a change of venue is necessary can be difficult for a defendant to meet. After all, not all high-profile defendants are convicted (OJ, Michael Jackson) and not all high-profile defendants are acquitted (Scott Peterson, Martha Stewart) of their crimes. However, any competent defense counsel should move to change venue when the impartiality of the jury is an issue.  Should these law enforcement officers be convicted, their attorneys certainly will have a strong issue on appeal to potentially vacate any convictions. Our Sevierville law office handles a lot of high-profile criminal defense cases; sometimes a change of venue is appropriate, and sometimes it’s not.

Furthermore, one of the steps we take (indeed, all criminal defense lawyers who go to trial take) is questioning potential jurors to find their biases, so that we can choose impartial juries. No lawyer, regardless of which side of the aisle they sit on, will get a jury of 12 people who think exactly like they do; like isn’t like a John Grisham novel regardless of what TV says.

It takes a lot to change a venue for a jury trial, and it’s not terribly surprising that the defendants in the Freddie Gray case had that request denied.  However, the burden of proof remains on the prosecution to prove these men are guilty beyond a reasonable doubt – not the other way around. Whether or not they succeed may be dependent upon not only their skills as attorneys, but also on their choices during jury selection.

The Sevierville criminal defense attorneys of Delius & McKenzie, PLLC provide comprehensive representation to those charged with crimes in and around Sevier County, including in Gatlinburg and Pigeon Forge. To make an appointment with an aggressive criminal defense lawyer, please contact us. We make in-custody visits when necessary.