Richard Holmstrom, legal defense for Kevin Thompson, asked Judge Kenneth Sandvik for a change of venue at a hearing on March 9, 2010. A jury trial for Thompson, charged with kidnapping, assault in the second degree, terroristic threats, and false imprisonment of an acquaintance last May, has been scheduled for May 11-14 at the Cook County Courthouse.
Thompson’s wife Susan faces charges of criminal sexual conduct in the second degree, kidnapping, and false imprisonment from the same event. Her trial is also scheduled to start May 11.
Holmstrom’s written motion states, “A fair and impartial trial cannot be had in Cook County, Minnesota. …Prejudicial material disseminated by the printed and electronic media creates a reasonable likelihood that a fair trial cannot be had in Cook County, Minnesota.”
Holmstrom asked that the case be transferred to Lake or St. Louis County. Cook County’s population is small—5,400 to be exact, the judge interjected—and the case involves rumors and gossip, Holmstrom said. The alleged victim’s family has lived in this county for several generations, and the Thompsons have not. This creates an environment in which it would be difficult to find a jury that doesn’t know the victim, Holmstrom said, and he wants to “be fair to Mr. Thompson.”
Holmstrom also contended that local newspaper coverage may have prejudiced potential jurors.
Judge Sandvik said he has been told in continuing education classes for judges that the content of electronic media, such as blogs and conversations on the Internet, is a better indicator than the print media of potential influence on a jury.
People around here know what others are having for dinner, Holmstrom argued.
County Attorney Tim Scannell opposed Holmstrom’s motion. “I don’t know what I’m going to have for dinner,” Scannell said, “much less what anybody else is going to have.” Just because there’s been press, he said, doesn’t mean a case can’t be tried. “The press has a right to cover these cases,” he said.
Scannell pointed out that each jury member would be selected individually and said he would be happy to research local blogs. If it seems it would be prejudicial to try the case here, he said, he would be open to changing the venue. He is not interested in having a trial here if it would be prejudicial, he said.
“This is not the average case,” Holmstrom said. This case, which involves sex and allegations of violence, is the type of case that engenders a lot of talk in the community, he said.
Judge Sandvik gave the County Attorney’s Office two weeks to submit its argument in favor of holding the trial in Cook County. The judge will have 90 days after that to make his decision.
Leave a Reply