Attorneys representing police officer Jeronimo Yanez in the fatal shooting of Philando Castile are asking the Minnesota Court of Appeals to reverse a lower court judge's refusal to move his trial out of Ramsey County.
It's an unusual maneuver that they hope will distance Yanez's trial from what they believe is a tainted jury pool and biased news coverage.
"We believe our motion for change of venue should have been granted, and that we have a viable change of venue reversal in the court of appeals," said defense attorney Paul Engh.
Engh and fellow defense attorneys Earl Gray and Thomas Kelly originally filed a motion for a change of venue in March, citing Brainerd, Duluth, Hastings and St. Cloud as other options.
Ramsey County District Court Judge William H. Leary III denied their request, noting that publicity alone was not enough to move a trial.
"Rather, the fundamental issue is whether jurors from the community where the alleged crime occurred can honestly and in good conscience set aside pretrial publicity and their own impressions or opinions regarding the case," Leary wrote in his decision.
He said the issue could be revisited during jury selection if attorneys cannot find enough impartial jurors. Prosecutors had also suggested pursuing the issue at that time.
The defense's appeal to the higher court, filed Monday, recited many of the arguments from their initial motion.
