| Attorneys for a Former Priest Accused of Murdering a Beauty Queen Argue for Change of Venue
By Aaron Nelsen
San Antonio Express-News
May 24, 2017
http://www.mysanantonio.com/news/local/article/Attorneys-for-a-former-priest-accused-of-11171477.php
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Former priest John Feit, 83, enters the 92nd State District Court for his arraignment Monday March 14, 2016 at the Hidalgo County Courthouse in Edinburg, TX. Feit is accused of killing Irene Garza, a ... more
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Attorneys for a former priest accused of murdering a beauty queen 57 years ago say pervasive media coverage has made a fair trial virtually impossible in Hidalgo County.
John Feit, 84, was arrested in Scottsdale, Arizona, last February and charged in the 1960 slaying of Irene Garza, a 25-year-old elementary school teacher from McAllen.
“The pretrial publicity has reached that point where (Feit) cannot … reasonably receive a fair and impartial jury in this case,” said Attorney O. Rene Flores, who is representing Feit.
A trial consultant testified Wednesday that media coverage of dramatic events are seared into the public conscience and can prejudice jurors. According to a survey conducted by the expert witness, 76 percent of prospective jurors had heard, read about or seen television news reports about the killing.
“Despite the passage of time, this case is really important to this community,” said Bryan Edelman, a trial consultant with the California-based Trial Innovations. “Actually it was an important factor in determining the outcome of the election for district attorney.”
In 2002, Texas Rangers reopened the 1960 murder case, landing key testimony from two former priests who told investigators Feit had confessed to the killing. Still, a grand jury probe in 2004 found insufficient evidence to charge him.
Attorneys for a former priest accused of murdering a beauty queen 57 years ago say pervasive media coverage has made a fair trial virtually impossible in Hidalgo County.
John Feit, 84, was arrested in Scottsdale, Arizona, last February and charged in the 1960 slaying of Irene Garza, a 25-year-old elementary school teacher from McAllen.
“The pretrial publicity has reached that point where (Feit) cannot … reasonably receive a fair and impartial jury in this case,” said Attorney O. Rene Flores, who is representing Feit.
A trial consultant testified Wednesday that media coverage of dramatic events are seared into the public conscience and can prejudice jurors. According to a survey conducted by the expert witness, 76 percent of prospective jurors had heard, read about or seen television news reports about the killing.
“Despite the passage of time, this case is really important to this community,” said Bryan Edelman, a trial consultant with the California-based Trial Innovations. “Actually it was an important factor in determining the outcome of the election for district attorney.”
In 2002, Texas Rangers reopened the 1960 murder case, landing key testimony from two former priests who told investigators Feit had confessed to the killing. Still, a grand jury probe in 2004 found insufficient evidence to charge him.
“I find it highly, I guess, insulting,” said prosecutor Michael J. Garza, “that a person can walk into a courtroom … and tell the court its citizens cannot be fair because they have read articles concerning the case.”
Feit was a 27-year-old priest at the Sacred Heart Catholic Church in McAllen, where authorities allege he killed Garza after her confession. Her body was discovered days later in a canal. An autopsy found that she had been beaten, raped while unconscious and then asphyxiated.
State District Judge Luis Singleterry said he expects to make a ruling on whether to grant the change of venue motion sometime next week.
If Singleterry rules against a change of venue, the trial would begin Sept. 11.
Contact: aenslen@express-news.net
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