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Lawyers expect change of venue for Williams trial
Updated 9 hours ago W. BRICE MCVICAR The Intelligencer
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It's a good bet lawyers will seek a change of venue for the trial of Col. Russell Williams, say defence lawyers in Belleville and Ottawa.
Belleville criminal defence lawyer Ed Kafka said while he believes a "decent jury" could be found for the Williams case, a change of venue would likely improve the chances of finding one. He said media coverage and community involvement in the search for 27-year-old Jessica Lloyd may have altered the opportunity for a fair jury trial locally but, outside the region, it is still obtainable.
"I think you can get a decent jury, but probably not in Hastings County at this point," Kafka said. "I think there would probably be a change of venue application to another jurisdiction simply because of the media attention and the local interest."
Kafka's comments come on the heels of an article in the legal periodical, Law Times, in which Mark Ertel, past president of the Defence Counsel Association of Ottawa, said the national media coverage of the arrest of Williams and details released through the coverage of his arrest could greatly impact Williams' chances of a fair trial by jury. Ertel said media reports indicating Williams gave a lengthy confession to investigating officers mean many people have already convicted the former CFB Trenton commander of the two first degree murder charges he is facing in connection to the homicides of Lloyd and Cpl. Marie France Comeau.
Williams is also facing two charges of sexual assault in relation to home invasions in Tweed.
"If it was up to me, newspapers wouldn't be able to report this sort of stuff before people had their trials and then there'd be a real presumption of innocence," Ertel said when reached in Ottawa for an interview. "As long as we believe that freedom of the press is a more important principle than the presumption of innocence, this is going to happen in sensational cases and that's what's happened here."
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Lawyers expect change of venue for Williams trial
Updated 9 hours ago W. BRICE MCVICAR The Intelligencer
Article Link
It's a good bet lawyers will seek a change of venue for the trial of Col. Russell Williams, say defence lawyers in Belleville and Ottawa.
Belleville criminal defence lawyer Ed Kafka said while he believes a "decent jury" could be found for the Williams case, a change of venue would likely improve the chances of finding one. He said media coverage and community involvement in the search for 27-year-old Jessica Lloyd may have altered the opportunity for a fair jury trial locally but, outside the region, it is still obtainable.
"I think you can get a decent jury, but probably not in Hastings County at this point," Kafka said. "I think there would probably be a change of venue application to another jurisdiction simply because of the media attention and the local interest."
Kafka's comments come on the heels of an article in the legal periodical, Law Times, in which Mark Ertel, past president of the Defence Counsel Association of Ottawa, said the national media coverage of the arrest of Williams and details released through the coverage of his arrest could greatly impact Williams' chances of a fair trial by jury. Ertel said media reports indicating Williams gave a lengthy confession to investigating officers mean many people have already convicted the former CFB Trenton commander of the two first degree murder charges he is facing in connection to the homicides of Lloyd and Cpl. Marie France Comeau.
Williams is also facing two charges of sexual assault in relation to home invasions in Tweed.
"If it was up to me, newspapers wouldn't be able to report this sort of stuff before people had their trials and then there'd be a real presumption of innocence," Ertel said when reached in Ottawa for an interview. "As long as we believe that freedom of the press is a more important principle than the presumption of innocence, this is going to happen in sensational cases and that's what's happened here."
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