Attorneys, prosecutor at odds on Randleman trial location

A judge will soon decide if accused cop killer Kevin Randleman should face trial in Erie County or, as defense attorneys have requested, move to a different county where there's been less media coverage.
Jessica Cuffman
Mar 6, 2012

 

A judge will soon decide if accused cop killer Kevin Randleman should face trial in Erie County or, as defense attorneys have requested, move to a different county where there's been less media coverage.

Randleman's attorneys have asked Erie County Common Pleas Court Judge Tygh Tone to move the trial to another county because of intense media coverage in the case.  

“We have not said Andy Dunn and his family didn’t deserve the press coverage they received,” attorney Jeff Whitacre said. “It’s about Kevin Randleman’s right to a jury trial and how all of that affects him.”

Attorneys offered additional reasons for moving the trial: Law enforcement officers across the state attended Dunn’s funeral last year, and schools closed early for the event. Stickers in Dunn’s memory are plastered on vehicles throughout Erie County these days, while two memorials have also been created in his honor.

Local businesses have also posted signs in support of Dunn, and many local residents wear T-shirts in remembrance of the slain officer. 

In short, if a dozen Erie County residents are chosen to serve as jurors in the trial, it would be like putting Randleman on trial with Dunn’s family members as jurors, Whitacre said.

“Andy Dunn has been adopted as a favorite son in Sandusky,” Whitacre said. “That’s why this county cannot be the one that passes judgment on Kevin Randleman.”

Erie County prosecutor Kevin Baxter said Whitacre's argument is premature — the judge should only change the trial location if the court is unable to assemble a fair and impartial jury.

"I have every bit of confidence that we will be able to seat a jury," Baxter said.

Tone plans to make a decision within a week.

For more on this story, pick up Tuesday's Register.

Comments

juggalo7

 put this man to death already! i can't believe he's still trying to get away with it. you killed a cop! how can you sit there and say "well i didn't know what i was doing" 

SamAdams

I hate to say it, but I hope the judge does approve a change in venue. If he doesn't—if Randleman is tried here and found guilty—it will only provide the defense with cause for appeal. I don't suggest for a minute that a juror from Erie County isn't capable of rendering a verdict based solely on the evidence offered in the courtroom. But they will assuredly be accused of not being able to do so by any competent defense!

I say we head this one off at the pass and not only GIVE the man a fair trial, but make sure that APPEARANCES indicate he got a fair trial. The fewer the bases for appeal, the quicker we can get on to the punishment phase.

6079 Smith W

Change the venue to China. They'd give him a "fair trial" and then execute him.  

czechurself

First try to seat the jury, then argue for change in venue.

LCP88

Move is trial to Huron Co, that is where Julie Dunn is from, and then he gets a change of venue, and Julie is still close to the family when she needs them!  I wish we could go back to the Mayflower rules where murder is automatically a death sentence, by hanging in the public square.  MY Prayers for all the Dunn and LE families!

 

007

Excuse me while I go puke!!! Casey Anthoney was tried where she was accused of killing her daughter. Look at her, she walked away. It doesn't matter if he is tried here or not, his attorneys will appeal it regardless. Randleman should be judged by his peers as a jury does, and it should be here where the crime was committed!!! PERIOD!!

ArtCookie

Move the trial...he will be found guilty no matter where it is due to the overabundance of evidence against him. 

Seen it All

It doesn't matter where this case is tried, it will automatically be appealed for one reason or another.  Let's just get it started already!!!

tk

Out of 77,000, Whitacre doesn't think they could find 12 unbiased jurors?  If that's true then I wouldn't want to try any case in Erie County.

Horace Mann

Any elected judge would be nervous about granting a change of venue in this case but a conviction in Erie County is sure to be set aside on appeal.

Appeals. Overturned decisions. Retrials. The politicized prosecution function and the entire justice system is a welfare scheme for lawyers. ESPECIALLY when the death penalty is involved.

 

 

Just Thinkin

Who pulled the trigger, who chose to commit crime in ERIE County? Randleman did, If he did'nt want to be tried in ERIE County, Well then he should of thought about that when he pulled the trigger, or even before that when he knew by law he was not allowed to own nor have a gun on him, His fault no one else to blame except maybe lazy Judge's ? for not putting repeats to longer stays in lockup Give ERIE County people the benifit of the doubt, we are not all blood thirsty  fools

Mommy25

There were Police and people here from Across the whole CONTRY,  it was not just Officers and people from this general area ..... SO, I'd have to agree with 6079, move his trial to China where he can get a fair trail !!!! And to his Lawyers, IF you're going to make an argument (excuses), try not to let it be so lame. Not everyone is stupid.

brs995

I do not care where you hold this trial at, you will get the same result. Unless "Taxpayer" is on the jury, Randleman will get what's coming his way..... "Taxpayer" has been one of Randleman's biggest fans.

local man

Plead guilty, take the life sentence.  Instead the attorneys will line their pockets with taxpayers money with a verdict that we know will come down regardless of what county the trial is held.  A trial held away from Erie County will only increase the amount of expenses, thus more money for the attorneys.

Julie R.

It's been said that delays are a defense attorney's best friend for a number of reasons but all it really does is make the proceedings even more agonizing for the victims' families; their healing process can't even start until the trial is over and done with. I think Tone should put a stop to this right now --- he should set a date for the trial and be done with it so the Dunns can get some closure.   

wiredmama222

Sam Adams is right.  Since you cannot change venue after a trial is already seated with jury, it is better to have it changed NOW.

Give the affect of having a fair trail and then knock him as guilty rather than start out that way. 

I do NOT want to see this man walk on a technicality, do any of YOU? 

That is what will happen if even the mere propriety of an unfair trial happens. Then there is no fair justice for Andy and his family.

Better to let another county have it and find him guilty than to have him get off on him claiming it being unfair here and letting him walk away when he should go to the 'ROOM". 

thinktwice

How 'bout 222 Meigs St.

crushthecamel

I say have it right in erie county where he commited the crime  now its time to do the time.  this guy knew what he was doing he took a father an husband away from a family a a good citizen to the community was taken away. so i say have the trial where the crime was commited  better yet do like some high profile cases have an have the jury go to the crime scene  and take this guy out there and see his reaction  he needs to be put on trail in erie county for all to see

wiredmama222

Here is a thought....Let them move it to WOOD county....the police there just gave a plague to memorialize Andy.   There police shoot to kill. 

That would solve it.  He would get a "fair trial" and be stupid enough to try and escape....PROBLEM SOLVED

savantpm

wiredmama, they donated a plaque.

jkbroke

We could only hope that he would "manup" to what he did and plead guilty.  Give him some deal that he does not deserve, as long as he is put away for life.   Save the families the additional heart ache and publicity on this senseless killing that keep the wounds raw.  This also saves the taxpayers the money of having to pay for both his prosecution and defence.  We already are having to pay for keeping him in jail where he belongs. 

Restless1

Can one sign up for jury duty?  I own a black suit, tie and shirt which I would wear every day of the trial, getting it cleaned on weekends.

The Answer Person

Saddest thing is that poor Officer Dunn's aim wasn't better...like a shot to the face.

cugs1

how do whitacre, dixon, and k ron sleep at night, knowing that they defend these killers?  my only hope is that they don't but then again, they're as bad as the scum they defend, so they probably sleep like babies.  oops, guess i shouldn't mention k ron and babies in the same blog

Joker

Let's move it to Harris County, Texas

tk

The trial should be close enough that it doesn't put an undue burden or expense on Officer Dunn's family to attend.

nofufucat

One of the things I haven't seen mentioned yet is the possibility of the intimidation of the jury if the trial is held in Erie County.  This concerns me more then a fair trial by a jury of his peers.  How will the jury and their families be protected both during and after the trial?

momofmany

I wish they would get on with this all lready, there needs to be justice for the family...This man knew what he was doing, he didnt care one bit he killed someone. Now sadly he has lawyers that only care about $$, who in there right mind would beleives this man is innocent, how do they sleep at night defending this scum..Karma will catch up to all of them...

The trial should be here, put the jurys in a secluded lockdown place for their protection, and get this trial moving..

007

.

JIMBO2

Every page of every blog in this case is being copied by the defense to back up their assertion "the Defendant" cannot receive a fair trial here. The Sandusky Ragister has already queered this area for holding the trial. I am absoulutely for holding the trial @ 222 Meigs Street but it is gonna move to a large metro area (Toledo, Cleveland, Columbus ). The jury pool is larger and less continuing coverage for perspective jurors to read or hear. Unfortunate for the family but if it isn't moved it will be grounds for an instant appeal.

 

Taxed Enough Already

 Let the trial be held in Maricopa County Arizona, Sheriff Joe Arpaio will take real good care of Kevin.

wiredmama222

taxed enough....sorry to say good old "joe" is under investigation out there.  And he may back "in the day" have taken care of him, but no longer.  We lived out there for a time.  Tent city was a sight to behold.  And that pink underwear!!!!!  LOL.  The talk of AZ.  

I have to agree with  the person who said they feared for the jury and intimidation.  I recall someone else making mention of that before.  It isn't just that.  It is the trial itself that will be a mess.  There is going to be a huge division in this entire town.  Anyone who doesn't know that by now is fooling themselves.  It will get worse as the trial goes along.  I fear for the innocent people of Sandusky who get caught in the crossfire. We will have more than words flying I fear and that is unnecessary and unfortunate but when you have a heated case like this, it is what happens.  I, for one, don't want to see anyone get hurt. 

If it gets moved to another locale, I am sure there are many people who can help out the family members to see that it won't be a burden financial to the Dunns to get them to that  locale.  It won't be taken that far away.  We aren't talking States her, just counties. 

But the for safety of all concerned and to eliminate some of the problems, it might be in everyone's best interest to move it.  Right now, if you read the posts, almost every one of them shows they would vote guilty.  Let the legal system do that for us that feel that way. 

He will be just as guilty in another county as he will be in Erie when the evidence is presented and just as dead when sentence is rendered whether in Erie or another county. 

And yes, it is placque, not plague....I hate my spell checker disc. I corrects without my knowing.  Sorry about that.  I need to re read more carefully. Thanks for pointing it out. 

NineMM

A lot of folks on here would like to see Randleman executed for this crime................Me too. Sad thing is, this guy has such a low IQ, it'll never happen. Defense will claim he didn't understand, or can't understand what he did was wrong.............I don't agree. This is the second death he is responsible for, and a polce officer to boot! Too bad they don't have Ol' Sparky down on death row anymore...........There would be a long line wanting to pull that contactor. SNAP, CACKLE,POP..................He's crispy.

KURTje

I can only hope that this **** randeltrash knows how much he is hated.    He's not going get away clean on this  1.

Rude McGootch

Whitacre's trying to get the trial moved to a county with a large African American and other minority population so he can stack the jury with jurors who don't have much respect for law enforcement. If the trial has to be moved it should, and MUST, be moved to a county with demographics similar to Erie County's. Hancock, Henry, Fulton, Putnam, and Defiance counties would be good choices. Under no circumstances should it be allowed to move to Cuyahoga, Lucas, or Franklin Counties!

SanMommy2

I beg to differ with some of the comments posted. Did you all forget Randleman also shot and killed an African American man. This is not about a black/white issue. This is about justice finally being served for Officer Dunn and Mark Everett. May God continue to bless their families

iamrevolutionary

 Death penalty cases are 'automatic' appeal, anyway, as someone else pointed out also. Makes no difference if trial is held here, or elsewhere. IT WILL BE APPEALED!  So, have it in Erie County where the killing was committed!  This is a 'smoke and mirriors' time-wasting arguement by the defense.

Joe Citizen

Move the case to another venue....do we really want to have the trial in Erie County and take a chance that a friend or relative of Randleman sits on the jury?

Streak4Life

 blah

alahn

First of all, unless you were there you don't know who killed officer Dunn. Andy was physically handicapped and could have very well shot himself while trying to remove his gun from the holster or could have been shot by the other officer who returned fire on kevin.  That's why it's necessary for it to go to trial.  The facts need to be exposed. Secondly, the judge should grant the motion for the trial to be moved, because it's clear that prejudice does exist that would prevent an unbiased jury deliberation.  This case isn't just about race, but let's be completely honest.  Race is a huge factor in this case!!!  There is already a great amount of tension between the sandusky police department and the black community (black men inparticular) and you know just like I know his black skin makes it a whole lot easier to deliver a guilty verdict than it would if he were white.  Kevin should be tried by a jury of his peers which means people of the same legal status!! I.e. other american citizens, so it doesn't matter where else he's tried just as long as the jurors don't have a conflict of interest in the outcome.

frizzlefrap

yeah, officer dunn accidentally shot himself 2 times ...... are you bonkers?

alahn

nothing more to say..

shucks

Give him a fair trial then hang him.

Cityslicker

@alahan........What in the world are you smoking???

Local Resident

Where is our modern day Jack Ruby???

 

Now is the time

It's time for Sandusky to elect a new Prosecutor PERIOD !  This prosecutor stinks !!!  The smell of corruption polutes the air and the court house. Come on people, if it weren't for Kevin Baxter, Kevn Randleman would have been serving time for the urder of  Mark Everett. Do you think Kevin Baxter gave a ratz azz about this black man dying ?  Heck naw, his only concern was about himself and his own personal gain. Here he is, portraying to be this super hero as though he really cares. It's unfortunate that this officer lost his life to this nutt job wacko RANDLEMAN, however you must BLAME Kevin for this one. Kevin Baxter gave Randleman a slap on the wrist for murder of Mark Evertte. Kevin's no saint here,this should be an eye opener to the COMMUNITY THAT IT'S TIME FOR  KEVIN BAXTER TO GO !!!!  This is the same instance as the Caston case and how McDonald was framed serving a life sentence. Caston admitted to shooting of Vivian Johnson, it didn't stop Kevin Baxter from granting Shawn Caston a plea did it ? . Only this time Caston came home and committed another crime nearly killing another citizen. Thanks KEVIN BAXTER ! How many more lives are we going to allow this idiot to take ? Seems to me the Prosecutor has running for this spot in the bag. I'd vote for the Dog Catcher at this point. This is  just pitiful to watch. KEvin baxter has no right to dictate a case but we still are allowing him to step foot in the courtroom.When you google Kevin Baxter's name nothing but CORRUPTED material appears.  McDonald had a hearing in FEDERAL COURT on FRIDAY---. Let's say it was quite favorable. May God seek vengence against this corrupt man. It's time this DEVIL faces the music. it aint over by far !!!! Your day is coming Kevin Baxter and I can't wait !!!        

Now is the time
Now is the time says--- REMEMBER THIS> I TRUST GOD !!!! 

Buff , yes I still believe that McDonald will be set free !  You see, God has the final say in all of this. No Lawyer, No Judge, No Prosecutor, No Witness, NOBODY BUT GOD !!!!..... We all knew that this fight would be intense so it's no secret that this battle is not ours but the LORDS.. When God's children are  up against evil, you rebuke the devil and you allow God to step in to fight your battle. In other words buff, you let GO and let GOD which is what Kevin's victims should do !!!!  I refuse to doubt what GOD can do,  no matter what this title says in this newspaper, lol. We stand firm on God's promise ! What God has for me it is for me. So,  watch what I tell you, this door shut to open another. I'm praying for the lost souls of this world and believe it or not, I'm really praying for you.

God is a God of chances and you are  a prime example of how he gives chances. It's called stalling buff, so at some point I pray you get it right. I can hear that trumpet sounding.... what about you ? We all know KEVIN BAXTER IS BUFFF.... I TRUST GOD IN ALL THINGS....

 

God Bless !!!!!  Keep the faith God's people......