Motion for change of venue denied in Coonrod case
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
Highland County Common Pleas Court Judge Rocky Coss denied a motion for a change of venue May 3 in the capital murder case of a Greenfield man.
Wesley Coonrod, 42, is facing two counts of aggravated murder, stemming from the March death of his two young sons in a fire on Lafayette Street in Greenfield.
Coss said May 3 that just because a case has received extensive media coverage does not mean that a defendant cannot receive a fair trial.
Coss also noted that in his 34 years with the court system he has never been unable to seat a jury. He also said that none of the stories listed in the defendants demonstration of the media attention the case has received were "particularly inflammatory."
A grand jury in Highland County Common Pleas Court indicted Coonrod on April 6 on two counts of aggravated murder, with specifications they are capital cases; one charge of aggravated arson, a felony of the second degree; two counts of murder, unclassified felonies; two counts of child endangering, felonies of the third degree.
"These news stories include suggestive details that will prevent a local jury from being unbiased," according to the motion. "For example, Cincinnati's Channel 12 reported on its website, 'the prosecutor believes Coonrod intentionally set the fire last month.' A story in the Highland County Press included the detail that Mr. Coonrod was alleged to be 'extremely intoxicated' at the time of the fire. Other news stories included interviews with the mother and multiple pictures of the children - both are which was intended to inflame (sic) local sentiment against Mr. Coonrod. Additionally, many of these websites allow for comments from the community. These posted comments reflect the already biased attitude of local citizens against Mr. Coonrod. Comments in response to a Cincinnati news story included the opinion that Mr. Coonrod must be guilty and surely started the fire.
"As the media has (sic) reported on this case from Columbus to Cincinnati, Mr. Coonrod respectfully requests that the venue be changed to a court that is outside of the area where media has (sic) reported on his case," according to the motion. "This county has been so saturated with the facts underlying this case that it is impossible for defendant to receive a fair trial before a jury. Only a trial in another county will allow for the empanelling of a jury composed of impartial persons who learn of the case though the evidence properly admitted during trial. Therefore, this court should grant a change of venue."
During Coonrod's arraignment hearing on April 9, Highland County Common Pleas Court Judge Rocky Coss announced that he was putting on an entry limiting comments to media by trial participants.
Highland County Common Pleas Court Judge Rocky Coss denied a motion for a change of venue May 3 in the capital murder case of a Greenfield man.
Wesley Coonrod, 42, is facing two counts of aggravated murder, stemming from the March death of his two young sons in a fire on Lafayette Street in Greenfield.
Coss said May 3 that just because a case has received extensive media coverage does not mean that a defendant cannot receive a fair trial.
Coss also noted that in his 34 years with the court system he has never been unable to seat a jury. He also said that none of the stories listed in the defendants demonstration of the media attention the case has received were "particularly inflammatory."
The October trial date the court has scheduled is "written in stone," Coss told the court.
William J. Mooney and Jerry L. McHenry, of the Ohio Public Defender's Office area representing Coonrod. The state is represented by the Highland County Prosecutor's Office.
The October trial date the court has scheduled is "written in stone," Coss told the court.
William J. Mooney and Jerry L. McHenry, of the Ohio Public Defender's Office area representing Coonrod. The state is represented by the Highland County Prosecutor's Office.
A grand jury in Highland County Common Pleas Court indicted Coonrod on April 6 on two counts of aggravated murder, with specifications they are capital cases; one charge of aggravated arson, a felony of the second degree; two counts of murder, unclassified felonies; two counts of child endangering, felonies of the third degree.
"These news stories include suggestive details that will prevent a local jury from being unbiased," according to the motion. "For example, Cincinnati's Channel 12 reported on its website, 'the prosecutor believes Coonrod intentionally set the fire last month.' A story in the Highland County Press included the detail that Mr. Coonrod was alleged to be 'extremely intoxicated' at the time of the fire. Other news stories included interviews with the mother and multiple pictures of the children - both are which was intended to inflame (sic) local sentiment against Mr. Coonrod. Additionally, many of these websites allow for comments from the community. These posted comments reflect the already biased attitude of local citizens against Mr. Coonrod. Comments in response to a Cincinnati news story included the opinion that Mr. Coonrod must be guilty and surely started the fire.
"As the media has (sic) reported on this case from Columbus to Cincinnati, Mr. Coonrod respectfully requests that the venue be changed to a court that is outside of the area where media has (sic) reported on his case," according to the motion. "This county has been so saturated with the facts underlying this case that it is impossible for defendant to receive a fair trial before a jury. Only a trial in another county will allow for the empanelling of a jury composed of impartial persons who learn of the case though the evidence properly admitted during trial. Therefore, this court should grant a change of venue."
During Coonrod's arraignment hearing on April 9, Highland County Common Pleas Court Judge Rocky Coss announced that he was putting on an entry limiting comments to media by trial participants.
Though a motion has not been filed on the matter, Coss said that in the coming months the court would be visiting the issue of Coonrod's mental competency to be sure that there was no question regarding Coonrod's ability to stand trial. Coss asked Coonrod if he understood what took place while he was in court May 3, and he responded, "Yes, sir."
On May 3, Coss also ruled on 31 other motions filed in the court, and granted requests by the defense regarding funds for a psychologist, investigator and a mitigating expert, however he did not grant the full amount of hours requested by the defense. Coss said that as Highland County's indigent fund is "sorely overtaxed" the court "needs to be extra cautious." Coss said that the court would not let the funding situation prevent Coonrod from getting what he needs for his defense. He also partially granted a request that Coonrod be allowed to appear in court in civilian clothes and without restraints.
Coonrod appeared in court May 3 in a dress shirt, pants and tie, as Coss allowed. The defense argued that Coonrod not appear in restraints in front of a jury. The state did not object to the motion, but asked that the court revisit the matter if issues arise.
Coss said that Coonrod would be transported in restraints, but they would be removed in the courtroom prior to the entrance of the jury, and that he will order all jurors to use the back door of the courthouse and that Coonrod be brought in the front door.
On several motions regarding on the record practices, courtroom decorum, transcripts, jury questions, Coss denied, noting that the requests were already court policy.
Coss said that he was reluctant to grant any motions that were not required by law, and denied motions including disclosure of grand jury witnesses, a request that the first phase of the proceedings not be referred to as the "guilt phase," and the sealing of the court file on the case.Though a motion has not been filed on the matter, Coss said that in the coming months the court would be visiting the issue of Coonrod's mental competency to be sure that there was no question regarding Coonrod's ability to stand trial. Coss asked Coonrod if he understood what took place while he was in court May 3, and he responded, "Yes, sir."