Out of district Change of Venue

What is the name of your state (only U.S. law)?
I live in Missouri. My son is in jail charge with a high profile crime that was broadcast on every major news entity throughout the state and even beyond. Our publc defender, armed with a file containing the media information requested an out of district change of venue, but the judge without even looking at the file, denied it and approved an in district change instead. My son has already had problems in the change of venue county jail and I want the public defender to appeal for an out of district change of venue, again. Is this possible and how is it done?Thanks

His attorney would have to prove that he could not get a fair trial, this is extremely hard to do. Even O.J. Simpson couldn't get a change of venue and the whole country new what happened there. His attorney knows what the processes are, let him do his job. Attorneys really hate it when family members try to do their job and it generally has a negative effect when all is said and done.

What constitutes proof?

Thank You Sincerely, Racer72 for reply...WISH I could step back and let lawyer do job! But, unfortunately in my son's case...this is a year later and the public defenders office JUST ISN'T DOING THE WORK. This is a VERY unusual, confusind and complex case. What, in detail, please, would constitue proof? We are now on lawyer (public defender) number 3...First one resigned due to conflict of interest, 2nd one totally MISSED the bond hearing with no call to court and was removed, and this 3rd one has been a "no show" at least 3 times in this case...She took over Jan. 08 and and would have totally MISSED the deadline for FILING for change of venue if I hadn't called to ask about it! Unfortunately, in my son's case, I am having to do a lot of the work (whether or not I know what I am doing), while the public defender draws the salary! I KNOW the public defenders office is OVERRUN and OVERWORKED...have been reading about the problems. But the BOTTOM LINE is that I have a son that is facing five major charges and three carry life in prison...and HE cannot even remember what he may or may not have done to get there....(suffered breakdown from PTSD psycosis)....was sexually and physically assaulted IN JAIL. (Was jailed after being arrested for what would have been a very minor incident) the assault led to this second nightmare. My son led a very quiet life, going to work and then home. He was 20 when this happened and had no real priors at all. He HAD to stay in jail for six days due to a local judge ordering that all people arrested in our county MUST hire a lawyer before their "cash only" bonds are reduced to surety. It was during these six days that he was assaulted. Our local jail houses federal prisoners and is required by law to video 24 hours a day...so I guess either someone wasn't watching, or DID WATCH and just didn't "give a damn." "Vigilantes" formed within our neighborhood and have kept my son in jail, suffering, with out access to medical or mental health help. Perhaps only ONE of these "vigilantes" would have even known my son had they met him on the street, but while he was fighting for sanity and to even WANT TO LIVE...(he cut his throat the night arrested due to his extreme fear of going back), the prosecutor told our FIRST lawyer these people "wanted to kill him." I asked the attorney if he spoke to the prosecutor about the extreme extinuating circumstances, our lawyer replied, "Yes, I spoke to him and he thinks your son should spend the rest of his life in prison."
Keep in mind that NO ONE DIED OR WAS SERIOUSLY INJURED HERE...DOES THIS SOUND APPROPRIATE????
Perhaps you are not a parent, yet...I don't know. But IN THIS SITUATION I CANNOT AFFORD TO STEP BACK AND LET THE PUBLIC DEFENDERS OFFICE "NOT" DO THEIR JOB!
As just one example of my son's inadequate representation, I will simply tell you that my son had a motion hearing on Sept. 22 and (knowing NOTHING about it, because the lawyer didn't send a note, call or visit) he was taken to a holding cell to wait for court...he was held there for 2 hours, and then taken back to jail being told "Oh, they managed to take care of it without you." HIS LAWYER did not send ANY notification to him about it BEFORE the hearing, and it is now one month later and she STILL has not advised him of the nature or outcome of the hearing! He DID call ME...and I looked it up on case-net and gave him what information I could...which included the fact the public defender did not even show up for the motion hearing![/B]
Our whole family needs a CHANGE OF VENUE...because vigilantes and NOT so well meaning media have made our lives a living hell.....neither I, nor any other member of my family, HAVE EVER been in trouble with the law...point blank. Yet, we have prowlers most nights, our homes have been broken into multiple times and defaced, we are followed when we leave our drive and have been intentionally, publicly humiliated, my brothers cat was killed and his dog beaten (I could go on and on!)**************
MY SON WAS TRANSFERED AFTER COMING OUT OF THE HOSPITAL BECAUSE ANOTHER INMATE TRIED TO STAB HIM!
There is more, but this post is getting pretty LONG!
DOES ANY OF THIS CONSTITUTE GROUNDS TO GET MY SON SOMEWHERE SAFE...AND WHERE HE CAN HAVE ANY HOPE OF GETTING A FAIR TRIAL????????????
I am a disabled mother who has TRIED everything I know to get my son out from under the public defenders office...I even TRIED to GIVE my home away to a lawyer if he would defend my son...but to no avail. So, as I see it, I have TWO choices...either let the public defender continue to "run the show" in their not so wise way, which I believe will cause my son to spend half his life in prison (or worse) or do THE BEST I CAN WITH WHAT KNOWLEDGE I CAN OBTAIN TO AT LEAST TRY TO GET HIM TRIED "FAIRLY"...HAVE ALL FACTS PRESENTED AND KNOWN WITHIN THE COURTROOM, AND CONTINUE TO ASK FOR HELP!
WITHIN THIS DISTRICT, "THEY" WHO WANT TO SEE HIM "DEAD" HAVE MY SON WITHIN ARMS REACH (DO YOU UNDERSTAND WHAT I AM SAYING HERE?)...BUT, OUTSIDE THIS DISTRICT, PERHAPS THEY DON'T!!!!!!!!!
SORRY FOR THE TONE...but this has been a VERY trying year and your mention of "standing back and letting the lawyer do their job" hit a VERY SORE SPOT!
Sincerely,
Bunny7
If there is anyone else out there with advice concerning any part of what I have divulged, please reply with a post.

You have 2 choices. Hire a very expensive criminal defense attorney that will spend hours on you kids case. The other choice is let the PD do his/her job. For more info, copy and paste the below URL into your browser.

http://www.craigslist.org/about/best/sfo/70300494.html

Change of venue is something that is extremely difficult to achieve in any jurisdiction. In Missouri, to have the case removed to an entirely different circuit the burden is on the defense to prove that the inhabitants of the ENTIRE circuit are so prejudiced against him that he cannot get a fair trial. In other words, you've got to show that no matter what size jury pool they bring in they aren't going to be able to find enough impartial people to sit as jurors. The proof required would include media clippings and so forth but the statute also requires you to bring in affadavits or provide testimony from credible witnesses in the community. The bottom line though is that if this is a high profile case than the judge of that court where its assigned is going to know all about it and is going to know whether it falls into that extremely rare class of case that should be completely removed out of the district. If your attorney wants to readdress this issue he may be able to request a re-hearing but he better have something more to show that judge. Otherwise the remedy is probably to wait and see if he is ultimately convicted and then he can appeal on the basis that he did not receive a fair trial.

It sounds like alot of the problems you are having are with your immediate local community harassing you and your family personally. You have legal options unrelated to his criminal case. You can seek a restraining order or possibly a protective order if anyone has actually commit a crime against you. You also have the option of moving away. Its not ideal but the statutes authorizing a change of venue contemplate the prejudice against the defendant, not his mother. You simply cannot reasonably ask the court for a change of venue because of how you are being treated.

As for the treatment of your son, the responsibility of ensuring that the jail is adequately caring for and protecting an inmate usually is with the city attorney. You need to find out who the correct person is to talk to and have them look into your son's treatment. County jails are not safe places, however, and physical and sexual assaults do occur. There's nothing you can do to ensure his absolute safety, but if the jail is intentionally looking the other way, than going through the proper channels may put adequate pressure on them to do their jobs.

I lOVE straight Talk!!! Thank You

Thank you to cavemanlawyer for a straight-forward non-judgemental answer...it is very refreshing and totally in line with what MY view of the advise of a lawyer should be...after all, none of us are God and we cannot ever TOTALLY see "the whole picture."
I BELIEVE, had I known the requirement before the first attempt at change of venue, the proper amount of concrete evidence and testimony could have been provided...I DON'T KNOW if the judge would have considered it...but at least it would have been presented correctly and in full force. The public defender said to provide newspaper clippings with times and date of other media information. I DID...but she didn't say anything about "testimony." For a VERY long time, all you had to do to get the scoop is type my son's name in the search engine of your browser! So all of the coverage was there. AND along with media coverage, was also BLOGS created especially to talk about my son's case! As far away as Atlanta Georgia!
Anyway, I now see what should have been done...and also how seriously HARD this "out of district" change of venue is to get. It may, or may not, mean a change in direction or path toward an "ultimate" uncertain end...that is the hardest.
You are correct that the bias has surrounded my whole family, but just as equally or to a higher degree, my son. They left him laying over 13 hours with his throat cut BEFORE he was sent to a hospital! The person that attempted to stab him, wasn't charged or identified, and I was a journalist...so I had some background in knowing what PROBABLY should be done and I immediately sought out the person and person's in charge and sent certified letters to the prosecuting attorney, Sheriff, County Commissioner, etc...outlining what happened to my son and asking what they intended to do about it**************I GUESS THEIR SILENT ANSWER WAS, "SEND YOUR SON TO PRISON FOR HALF OF HIS LIFE." Don't ask me to KNOW WHY...I will find that answer after my son's fate is dealt with. I KNOW what has happened and IS happening, doesn't make sense and I KNOW that upon initially hearing what I say, ones impression might be negative...but what I say, is truth.
I already KNOW that almost every civil right my son (or any other person) has was broken (according to the United States Department of Justice). What I don't understand is WHY I CANNOT, amid countless calls and letters, get anyone that seems to care about it enough to help my son! OF COURSE I CAN "BUY" A LITTLE JUSTICE...A LITTLE OR A LOT, ACCORDING TO HOW WEALTHY I AM!!!!!!!! IS THAT RIGHT RACER72?????????
Yes, I do know how much assault occurs within jails and prisons...but what I do not know, nor will I EVER accept, is WHY people, that are sworn to uphold the law...that are suppose to be role models...and who often are among the "pillars" of communities, would ALLOW these things to continue WHILE THEY KEEP BOTH EYES CLOSED! I, AS JUST ONE PERSON, REFUSE TO EVER ACCEPT SIMPLY, "THAT THESE THINGS HAPPEN." I WASN'T RAISED THAT WAY.
AND everyone, needs to hear this....contrary to "yesterday's world" TODAY MOST people can reasonably assume either one of THEIR OWN LOVED ONES or at the least someone they like and know, WILL BECOME PART OF THE JUDICIAL SYSTEM AND BE "LOCKED UP." SOME GET BY "LUCKY" BUT WHAT ABOUT THE REST...WHO DON'T???????? In doing my "research" to understand and hopefully help my son's case, I have found some horrific facts! Prisons have a 70 - 78% FAILURE RATE...people, like my son, who are SUPPOSE to be "presumed innocent until proven guilty" are (according to the United States Department of Justice Website) SUPPOSE to be afforded a much higher level of "civil right" and "just and humane treatment" than those who have been found guilty or who have pled guilty...YET, MY SON HAS BARELY SAW DAYLIGHT FOR ALMOST 12 MONTHS NOW, IS SKIN AND BONES WITH POT HOLES IN HIS SKIN FROM LACK OF SUNLIGHT, IS DENIED EVEN 30 MINUTES A DAY OF "EXCERCISE," HAS BEEN DENIED (BY VIRTUE OF MAKING IT ALMOST IMPOSSIBLE) MEDICAL CARE, HAS BEEN DENIED THE RIGHT TO FILE CHARGES ON THOSE THAT ASSAULTED HIM, IS DENIED ENOUGH TO EAT (UNLESS, OF COURSE, HIS FAMILY...ME...CAN LEAVE ENOUGH FOR HIM TO PAY THREE TIMES THE NORMAL PRICE FOR RAIMEN NOODLES AT THE JAIL'S COMMISSARY, (WHO DOES THIS PUNISH...THE ALLEGED CRIMINAL, OR HIS INNOCENT AND BROKE FAMILY?) HAS HAD TO "BUNK" WITH OTHERS WHO HAVE SCABIES,THE NEW STAPH INFECTION, ETC...ETC...ETC...WHILE MOST PEOPLE I KNOW IN PRISON ARE ALLOWED LOTS OF EXCERCISE, MUCH FOOD, THE ABILITY TO WORK, GOOD AND DECENT MEDICAL CARE, MULTIPLE PROGRAM AND MENTAL HEALTH CARE, ETC...
AM I THE ONLY PERSON WONDERING WHY THE SYSTEM APPEARS TO BE WORKING BACKWARDS????????? BUT I KNOW WHY IT ISN'T WORKING...GREED AND MONEY. PUTTING PEOPLE IN JAIL HAS BECOME A BUSINESS! MANY JOBS DEPEND ON KEEPING UP THE STATUS QUO...WHETHER IT WORKS OR NOT...AND WHETHER SOME UNFORTUNATE PEOPLE LIKE MY SON ARE DAMAGED, OR NOT!!!!!!!!!:
BACK TO SUBJECT: People...I can DEAL with....but THESE people have, I believe, adversely influenced (BIASED)the prosecutor AND JUDGE**************It seems quite evident to me. I only mentioned the adverse affects on my entire family in my last post to exchange the "severity" of the situation. In analyzing the handwriting on the wall, I knew my son needed an out of district change of venue to, hopefully, out distance the arm of those "unseen" forces. You have given me a fair and good answer**************
SINCERE THANKS, CAVEMANLAWYER, FOR YOUR APPROPRIATE and PROFESSIONAL ANSWERS AND SUGGESTIONS!
B]To Racer72[/B]: THIS OUT OF DISTRICT CHANGE OF VENUE WAS ORIGINALLY THE PUBLIC DEFENDERS IDEA, SO I AM NOT "second guessing" THE PUBLIC DEFENDER. But SHE did not apparently follow protocol and she isn't doing her job (not showing up for court!) so, business is business...right? I am SURE attorney's HATE IT when a client stays "on them" to make sure things are done right...just the same as any employee hates having the "boss" looking over their shoulder! But they agreed to DO THE JOB, and they agreed on the price! ...THAT IS THE BOTTOM LINE. In my book, they do the job right, say why they cannot do it...or they get fired, repremanded, or whatever...JUST LIKE ANY OTHER EMPLOYEE! THIS SHOULD APPLY EVEN MORE SO TO SOMEONE LIKE A LAWYER, ACTUALLY, AFTER ALL, WE AREN'T TALKING ABOUT HOW GOOD SOMEONE IS AT SELLING BICYCLES...WE ARE TALKING ABOUT HAVING THE LIFE AND FUTURE OF A REAL PERSON IN THEIR HANDS!!!!!!!!
But, hey, I do UNDERSTAND the restraints of the public defender's job...I have read and I do GET IT! But this is MY SON'S LIFE...MY SON'S LIFE, and I do not take lightly someone "playing with it!"....
LAST COMMENT TO RACER72: CUTE LAST COMMENT...BUT I JOINED THIS FORUM FOR STRAIGHT TALK...I LIKE IT. BUT YOU APPEARED TO GIVE A "JUMP TO JUDGMENT" IN YOUR FIRST POST. AS A FORMER NEWS REPORTER I GET THE PICTURE OF A PERSON WHO PROBABLY GETS PAID ACCORDING TO WHAT HE THINKS HE IS WORTH, INSTEAD OF SOMEONE WHO ACCEPTS PAY FOR A JOB "WELL DONE."
But all the words in the world just won't change some people!
Sincerely,
More comments very welcome!!!!!!!
Bunny7