Defense attorneys have made multiple requests for a change of venue for Donna Adelson, whose trial began with jury selection Aug. 19 in Leon County Court.
They cite overwhelming publicity by media, social media, podcasters, negative opinions, and multiple prior trials that have negatively saturated the jury pool.
But the defense has yet to produce credible and substantial evidence to support these claims, and the speed in which Judge Stephen Everett seems to be closing in on a jury undercuts those claims.
Florida law requires the parties to attempt to pick a jury before a change of venue is to be granted. After all, the law presumes a defendant will face trial in the jurisdiction where the crime was committed.
The community is entitled to ensure crimes committed in their neighborhoods are properly prosecuted.
Moreover, many if not all the witnesses and the evidence will be in the location at which the crime was committed, especially a hired murder of an upstanding member of the community.
It’s in a court’s authority to grant a change of venue if the defendant cannot get a fair trial due to overwhelming negative or adverse publicity. But again, there has been no showing that Tallahassee jurors cannot give Donna Adelson a fair trial based solely on the evidence admitted in the trial.
After all, Charlie Adelson’s attorneys and prosecutors were able to pick an unbiased jury in just three days. As such, the court should proceed with the normal jury selection with enhanced procedures to allow attorneys on both sides to strike jurors for cause – and in more limited circumstances with no reason at all.
Tallahassee is the state capital of Florida with a population of 300,000. It is home to three large universities; Florida State University, Florida A&M University, and Tallahassee State College. They increase the community by 75,000 outside residents when in session.
Many of these students register to vote in Tallahassee and are eligible for jury duty. In addition, the state government draws in new residents each year from locations throughout the state and nation. Tallahassee is the most educated and diverse community in the state of Florida.
There is no reason a fair and impartial jury cannot be selected with a careful jury selection process by the court. There are many in the community that are unfamiliar with the case of Adelson, as is evidenced by jurors’ comments to the judge in chambers during the selection process. In fact, Tallahassee with its diverse community is the best jury pool to handle a case of this magnitude, especially since the heinous crime occurred in this community.
In short, a local jury will and should determine the guilt or innocence of Donna Adelson.
Tim Jansen, partner in Jansen & Davis, P.A., is a prominent and nationally recognized criminal defense attorney in Tallahassee and a former assistant U.S. attorney both in Tallahassee and Tampa. He has represented numerous high-profile clients for years and is offering regular legal analysis and insights on the Donna Adelson trial to readers of the Tallahassee Democrat. He also provides analysis to ABC News Live and appears regularly on Court TV, Nancy Grace and Law and Crime.
This article originally appeared on Tallahassee Democrat: Trial by Tallahassee: Why Donna Adelson’s jury should stay local | Legal analysis
Reporting by Tim Jansen / Tallahassee Democrat
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