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Change of venue sought for Realtor homicide case
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Lawyers for a defendant awaiting a capital murder trial in the death of a local real-estate broker are asking for a change of venue and a gag order due to what they say has been extensive pretrial publicity.
Attys. Ronald D. Yarwood and James S. Gentile filed the motions Thursday in Mahoning County Common Pleas Court on behalf of their client, Robert S. Brooks, 26, of Castalia Avenue.
Brooks and his co- defendant, Grant P. Cooper, 21, of Sulgrave Drive, Brookfield, face the death penalty if convicted in the Sept. 20 murder of Vivian Martin, a 67-year-old real estate broker, who was killed in an East Side house.
Martin’s badly burned body was found inside a Nelson Avenue house that had been set afire. The house had been listed for sale by Martin’s Essence Realty.
Brooks and Cooper face charges of aggravated murder, aggravated robbery, aggravated arson and kidnapping in Martin’s death.
“This county has been so saturated with the facts underlying this case that it is impossible for the defendant to receive a fair trial” in Mahoning County, Yarwood and Gentile argued on behalf of Brooks.
“Only a trial in another county will allow for the empaneling of a jury composed of impartial persons,” they wrote in their motion for a change of venue.
Attached to the motion were numerous local newspaper and Associated Press wire stories about the case.
The other motion asks the trial judge, James C. Evans, to impose a gag order that would bar prosecutors or any other state, county or city officials from discussing the case with the media.
Specifically Yarwood and Gentile objected to a statement to The Vindicator by Dawn Cantalamessa, an assistant county prosecutor, that both defendants had confessed.
Such public statements could prejudice potential trial jurors, the defense lawyers said.
Judge Evans has not yet ruled on the motions.
Atty. Thomas E. Zena, who represents Cooper, said he’ll file a motion for a change of venue for his client, but Zena said he wouldn’t file a motion for a gag order.
The trial dates for Brooks and Cooper are still unknown.
Comments
A gag order?? A change of venue??? What for? How completely, purely, disgusting and disrespectful to the deceased, Vivian. This story made it's way all around the entire country as well as other countries, all over! That's called NATIONAl/WORLDWIDE EXPOSURE Mr. Attorneys. Saturation. So it really looks like everybody know's just exactly what those two pieces of rotten garbage did. Just let them stand, not sit and rot in jail then. Why go out pestering another state, city or county government to find and seat an impartial jury to hear the trials for these scum bags. Don't cart your trashy clients out of Mahoning County. Let them face their peers right here where they committed their crimes. Furthermore, their peers are ALL OVER. We all know about them. Everywhere. What they did deserves nothing more then a simple, swift death penalty. An eye for an eye and a tooth for a tooth. Stop wasting the taxpayers money. Justice is due for the victim who never had a fighting chance that day in September when she was called and set-up, then attacked by these two walking human garbage bags, beaten, robbed, choked twice... until she died and then was left behind to lay dead in a house which they set on fire. These slimmy pigs changed the lives of many families, Vivian's friends and various industries associated with her business......ruined for good.
Remember that justice is not part of defense attorneys goals, only that they win or lose. Got to love the scumbags!!!
Has anyone else besides me seen a problem with reading some of the articles here. When I try to open them I get the following message:
"Page unavailable"
"We're sorry, but the requested page is currently unavailable. Please try again later."
redvert :
"Has anyone else besides me seen a problem with reading some of the articles here. When I try to open them I get the following message:
"Page unavailable"
The Vindy closes the link to these articles for various reasons .
Oh by all means, we must protect the accused killer and all of his rights...hogwash!
These scum bags need to stay right here in Mahoning county. Their so- called attorneys are just wasting time and money. Get on with it.
Stan, I know the Vindy does it's own thing but the question is still there, yes or no please.
Has anyone else besides me seen a problem with reading some of the articles here. When I try to open them I get the following message:
"Page unavailable"
"We're sorry, but the requested page is currently unavailable. Please try again later."
Yes to your question redvert, only the past couple of days this has been happening. Never did before that.
Severing the link to stories has happend right along . This isn't any new occurance .
The only problem with the American justice system is that there isn't any.