Oct. 1
TEXAS:
State will try to seat fair jury
Jury selection began Friday in the capital murder trial of a 33-year-old
Fort Worth man accused of abducting and killing a retired TCU professor,
then dumping her body in Oklahoma.
Edward Lee Busby Jr. could be sentenced to death if convicted of capital
murder in the death of 77-year-old Laura Lee Crane, a renowned educator of
special-needs students.
On Thursday, defense attorneys Jack Strickland and Steve Gordon requested
a change of venue, saying media attention about the case prohibits Busby
from getting a fair trial in Tarrant County.
Prosecutors Greg Miller and Joe Shannon disagreed, pointing out that the
defense must prove that the pretrial publicity has been pervasive,
prejudicial and inflammatory.
State District Judge Wayne Salvant withheld a ruling on the issue, waiting
to see how the jury selection process unfolds. He also wants to view other
evidence, including tapes of the media's televised interviews with Busby.
"I think that, as the jury selection progresses, there will be more
evidence made to the court that supports the necessity of a change of
venue," Strickland said. "I think we'll find more people who are familiar
with the facts of this case to a degree that it would impact upon their
jury service."
Shannon acknowledged that many potential jurors will have heard about the
case, but said he is confident they will be able to seat an unbiased panel
in Tarrant County.
"We'll be able to select a jury of 12 with two alternates who have not
formed an opinion and, consequently, there is no need for a change of
venue," Shannon said.
On Friday, only 216 of the 1,000 jurors who were summoned arrived at the
courthouse for jury selection. At least one was excused for having alcohol
on her breath.
The panel filled out questionnaires and received instructions from
Salvant, including to refrain from watching television broadcasts or
reading about the case.
"We want 12 fair and impartial people who will not be prejudiced or biased
in this particular case," Salvant told them. "... You have to keep an open
mind."
Attorneys will begin individual questioning potential jurors next week, a
process that is expected to take about a month. Testimony is expected to
begin during the first part of November.
Busby and his former girlfriend, Kathleen Latimer, 41, are accused of
kidnapping Crane on Jan. 30, 2004, as she sat in her car outside the Tom
Thumb grocery store at 3050 S. Hulen St. A short time later, police have
said, the pair wrapped Crane's face with duct tape and put her in the
trunk of her 1999 Nissan Sentra.
The Medical Examiner's Office ruled that Crane died of asphyxiation.
Busby and Latimer were arrested Feb. 1 while driving Crane's car in
Oklahoma City. 2 days later, Busby led investigators to Crane's body,
wrapped in a sheet at the bottom of an Interstate 35 embankment about 50
miles north of the Texas border.
The suspects did not fight extradition, and shortly after they arrived in
Tarrant County Jail, each held what amounted to jailhouse news
conferences.
In her interview, Latimer blamed the slaying solely on Busby. The next
day, Busby met with the media after reading about Latimer's interview. He
admitted to the crimes but said almost everything he did was at the
instruction of Latimer.
Prosecutors have not yet decided whether they will also seek the death
penalty against Latimer.
(source: Fort Worth Star-Telegram)
OHIO:
WTVG surrenders tape in murder case
A search warrant order was served yesterday at the offices of WTVG-TV,
Channel 13, to obtain a videotape interview of Jamie Madrigal, who is
being retried in the 1996 shooting death of Misty Fisher.
Representatives of the Lucas County Prosecutor's office went to the
station at 4247 Dorr St. after segments of a reporter's interview with
Madrigal were broadcast on Thursday's 6 and 11 p.m. news programs.
The entire two-hour interview was made available on the station's Web
site.
Tom Ross, an investigator for the prosecutor's office, said Brian
Trauring, WTVG news director, surrendered the videotape after talking to
company attorneys.
The interview was conducted in April, 2003, when Madrigal was on death row
at the Mansfield Correctional Institution. Madrigal, 30, was convicted in
1996 and sentenced to death for the fatal shooting of Miss Fisher during a
robbery of a South Toledo KFC.
A federal appeals court overturned the conviction and sentence. The court
ruled that the Lucas County Common Pleas Court jurors in the 1996 trial
should not have heard the confession of the co-defendant implicating
Madrigal.
Lucas County Common Pleas Judge Gary Cook has set a trial for February.
Prosecutors issued a subpoena for the videotape in August, but the station
failed to comply with a request to surrender the tape before Aug. 31. Mr.
Ross said the search warrant was obtained after the tape was broadcast.
"There are incriminating statements by Madrigal in the interview. We feel
that is evidence that can be used at trial," Mr. Ross said.
(source: Toledo Blade)
