Filed: 1/8/2019 10:45 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 30193980
By: Tracy Petermann
1/8/2019 2:10 PM

  

Il.

STATUTORY BASIS: Every Defendant in a criminal case is guaranteed the due
progess of a fair trial by an impartial jury under the United States Constitution,
Amendment VI., and the Constitution of the State of Texas, Article I, ?10. Further,
under The Texas Code of Criminal Procedure Article 31.03 a change of venue may be
granted in a criminal case on the Motion of the Defendant if supported by Defendant?s
Af?davit and the Af?davits of two other credible residents of the County where a
showing of such great prejudice exists that the Defendant would not be able to obtain a

fair and impartial trial.



PREJUDICE FROM PUBLICITY: Due to the local media coverage including
social media, and the tight?knit local Galveston County Community, there is so great a
prejudice in Galveston County, Texas, that this Defendant cannot obtain a fair and
impartial jury trial. To justify a change of venue based on public attention sparked by
media coverage, a Defendant must show that the publicity was pervasive, prejudicial,

and in?ammatory. Gonzalez v. State, 222 446, 449 (Tex.Crim.App.2007).

 

Gonzalez, 222 at 451. Factors a court may consider in determining whether pretrial
publicity is prejudicial and in?ammatory:

1) the nature of the publicity,

2) any evidence presented at a change of venue hearing, and

3) testimony received from veniremembers at voir dire.
IV.

Since the date of the charged offense and because of considerable discussion in the
community, there exists in Galveston County so great a prejudice against the Defendant
that he cannot receive a fair and impartial trial in this County; the amount of publicity
generated by the instant case has been so great that it has produced so much prejudice in
the community that the likelihood of the Defendant receiving a fair and impartial trial is
doubtful.

WHEREFORE, PREMISES CONSIDERED, as this Defendant is guaranteed the due
process of a fair trial by an impartial jury under the United States Constitution,
Amendment VI., and the Constitution of the State of Texas, Article I, ?lO, a change of

venue must be granted.

Respectfully submitted,



Nicholas Poehl
Attorney for Defendant,

 

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion has been
hand delivered to the of?ce of the District Attorney for GALVESTON COUNTY,

TEXAS, on this the 8th day of January, 2019.


Nicholas Poehl

Attorney for Defendant