ELECTRONICALLY FILED 6/3/2022 10:40 AM 41-CC-2020-000511.00 CIRCUIT COURT OF LAUDERDALE COUNTY, ALABAMA MISSY HOMAN, CLERK
IN THE CIRCUIT COURT OF LAUDERDALE COUNTY, ALABAMA
STATE OF ALABAMA,
PLAINTIFF,
vs. CASE NO. CC-2020-511
CASEY COLE WHITE,
DEFENDANT.
MOTION FOR CHANGE OF VENUE
COMES NOW, the Defendant, CASEY COLE WHITE, by and through undersigned counsel and moves this Honorable Court to transfer this matter to another County, with a constitutionally composed traverse jury list, within the State of Alabama, to ensure the Defendant is able to receive a fair trial by an impartial jury of his peers. As grounds therefore the Defendant states as follows:
1. The Defendant was indicted by a Lauderdale County Grand Jury on or about
September 2, 2020 for the charge of Capital Murder.
2. At the time of the Defendant’s indictment, WHNT-TV, WAFF-TV, and WAAY-TV
along with newspapers in the area of Lauderdale County, Morgan County, Limestone County, Madison County, Alabama, and other surrounding counties published and circulated articles and stories describing the acts with which the defendant is charged. The stories included significant portions of documentary and hearsay evidence relative to defendant, the admissibility of which has not been considered by this Honorable Court. This information has severely prejudiced the Defendant.
3. The Defendant was transferred from Donaldson Correctional Facility outside of
Birmingham, Alabama to the Lauderdale County Detention Center to await trial in the above styled case. On April 29, 2022, Vicky White, the assistant director of corrections for the facility, walked the Defendant, who was handcuffed, out of the Lauderdale County Detention Center and put him in the back of a Lauderdale County Sheriff’s Office vehicle. This prompted an 11-day manhunt for Vicky White and the Defendant who remained in her care and custody. Vicky White died from a self- inflicted gunshot wound. The Defendant was taken into custody. The 11-day manhunt and the weeks following have captured national and international attention.
4. Some of the largest news networks in the world covered the story on the whereabouts of Vicky White and the Defendant along with why the Defendant was in the Lauderdale County Detention Center and “facts” this Honorable Court or any juror is yet to hear regarding the Defendant’s Capital Murder case. CNN, Fox News, NBC News, CBS News, ABC News, and others focused reports on Florence, Alabama and the surrounding area. It was one of the most viewed stories DOCUMENT 231
in the country trailing only the war in Ukraine for several days. This information has severely prejudiced the Defendant.
5. Social media has also generated significant interest in the Defendant’s capital murder case. These include but are not limited to the Defendant’s story, capital murder case and background becoming a top trending topic on social media website Twitter. Celebrities including actor Rainn Wilson, who has more than 4 million followers, shared a CNN story about the Defendant which received – to date – 789 retweets, 132 quoted tweets, and more than 18,500 likes. A Facebook Group called “Vicky White & Casey Cole White-Lauderdale County, AL” has more 50,000 members. Many of those members reside in Lauderdale County, Alabama. The group has dozens of posts daily debating the “facts” of the Defendant’s capital murder case, speculating on theories, and sharing information. This information has severely prejudiced the Defendant.
6. Furthermore, Alabama Rules of Criminal Procedure, Rule 10.1 states:
In any criminal case prosecuted by indictment or on appeal for trial de novo in which a jury is demanded, the defendant shall be entitled to a change of the place of trial to the nearest county free from prejudice if a fair and impartial trial and an unbiased verdict cannot be had for any reason. The court may change the place of trial in criminal cases if trial in the original county poses a clear and present danger to the defendant from mob violence.
7. Furthermore, our Supreme Court has concluded “the Fourteenth Amendment’s due process clause safeguards a defendant’s Sixth Amendment right to be tried by a panel of impartial, “indifferent’ jurors”. Irvin v. Dowd, 366 U.S. 717.722 (1961).
8. The Court has also concluded, “when prejudicial pretrial publicity or an inflamed community atmosphere preclude seating an impartial jury, due process required the trial court to grant a defendant’s motion for change.” Rideau v. Louisiana, 373 U.S. 723, 726 (1963).
9. In Hunt v. State, it was concluded by the Alabama Court of Criminal Appeals and affirmed by the Alabama Supreme Court that,
in connection with pretrial publicity, there are two situations
which mandate a change of venue: 1) when the accused has demonstrated “actual prejudice” against him on the part of jurors; 2) when there is “presumed prejudice” resulting from community saturation with such prejudicial pretrial publicity that no impartial jury can be selected.
10. Lauderdale County, Alabama, has a population of approximately 92,870 residents.
Nearly all of them own a television, phone, computer, tablet or combination of the four. It would take a resident living in a dwelling without access to electricity or communication from the outside world for the last month to not know a significant amount of information about the Defendant, his DOCUMENT 231
capital murder case, and his other legal matters. Therefore, to ensure that Mr. White receives a fair trial from an impartial jury of his peers, it is imperative that this matter be transferred to another county whereas it is obvious that Lauderdale County has been overwhelmed with prejudice towards Mr. White that cannot be cured in any manner.
11. If the Defendant were to have a trial in Lauderdale County, it would violate his rights to a fair trial by an impartial jury guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution.
WHEREFORE, the foregoing premises being considered, this Movant prays that upon review of the same this Honorable Court will grant The Defendant’s Motion for change of venue to another county due to the local, state and national publicity that this cause has received along with the sentiments currently with the community surrounding this matter.
Respectfully submitted this 3rd day of June, 2022.
/s/ Mark McDaniel
MARK MCDANIEL (MCD 011) Attorney for Defendant, of Counsel 223 East Side Square Huntsville, AL 35801 Telephone: (256) 534-3018
/s/ Robert Tuten /s/ Nickolas R. Heatherly
ROBERT TUTEN (TUT002) NICKOLAS R. HEATHERLY (HEA042) Attorney for Defendant Attorney for Defendant 223 East Side Square 223 East Side Square Huntsville, AL 35801 Huntsville, AL 35801 Telephone: (256) 536-6009 Telephone: (256) 534-5049
/s/ Marcus Helstowski /s/ Nick Lough
MARCUS HELSTOWSKI (HEL024) NICK LOUGH (LOU005) Attorney for the Defendant Attorney for the Defendant 223 East Side Square 223 East Side Square Huntsville, AL 35801 Huntsville, AL 35801 Telephone: (256) 534-3018 Telephone: (256) 333-1191
CERTIFICATE OF SERVICE
I certify that I have filed the foregoing with the Clerk of the Court using the Alabama Judicial System electronic filing system which will send notification of such filing to those parties of record who are registered for electronic filing, and further certify that those parties of record who are not registered for electronic filing have been served by mail by depositing a copy of same DOCUMENT 231
in the United States mail, first class postage prepaid and properly addressed, on this the 3rd day of June, 2022.
MC 2008-0801-003 Uniform Guidelines in The Service of Subpoena and Other Legal Processes Issued by The Courts, Tribunals, Administrative and Quasi-Judicial Bodies
MC 2008-0801-003 Uniform Guidelines in The Service of Subpoena and Other Legal Processes Issued by The Courts, Tribunals, Administrative and Quasi-Judicial Bodies
