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Friday, July 17, 2009

Ind. Courts - "Venue changed in LaPorte County judge's case"; 200 anonymous online newspaper reader comments entered in evidence [Updated]

From a report today in the South Bend Tribune:

LaPorte County Judge Jennifer Evans-Koethe, charged with trying to interfere with the investigation of her shooting, will have her case tried in Lake County.

Lake County Superior Court Judge Thomas Stefaniak Jr. on Thursday granted a motion by her attorney, Michael Tuszynski of South Bend.

Evans-Koethe, 34, was placed on indefinite suspension May 11 by the Indiana Supreme Court after being indicted by a grand jury on Class D felony obstruction of justice.

On Dec. 22, Evans sustained a graze wound to the head at her LaPorte home. Details surrounding the shooting have not been revealed, but a 911 recording showed her husband, Stephan Koethe, called for help.

Evans-Koethe was a deputy LaPorte County prosecutor at the time and took over as judge in LaPorte Superior Court 3 on Jan. 1 after her election in November.

She allegedly asked that a handwritten note considered evidence in the shooting be destroyed. Her husband, Stephan Koethe, is also charged with false informing and criminal recklessness, both misdemeanors.

Stefaniak made the ruling in LaPorte Circuit Court after the defense argued pre-trial publicity and disclosure of certain evidence the case would make it difficult to assemble an untainted jury.

[Updated at 12:26 PM]Craig Davison reports today in the Michigan City News-Dispatch:
LA PORTE - The obstruction of justice case for La Porte County Superior Court 3 Judge Jennifer Evans-Koethe will be moved to Lake County, an appointed special judge ruled. He also said in a hearing Thursday that it might not go to trial until January.

Defense attorney Michael Tuszynski of the South Bend firm of William P. Stanley & Associates entered 53 news articles and approximately 200 anonymous online newspaper reader comments as evidence that Evans-Koethe would not find a fair and impartial jury in La Porte County.

"A lot of it has to with the fact that Mrs. Koethe is a public official," he said. Tuszynski said the amount of publicity in the case and reader comments that she is already guilty of a crime showed an unfair jury pool. "I think there's some hostility."

Lake County Superior Court Judge Thomas P. Stefaniak Jr. agreed and moved the case to his court, Lake County Superior Court Criminal Division 4 in Crown Point.

"We do not know with absolutely certainty what the ladies and gentlemen of this community think of her," he said, adding that the court has to look at probability. "The probability Mrs. Koethe will receive a fair trial in the county is virtually nonexistent."

Stefaniak said this is only the third time in more than eight years on the bench he approved a change of venue request, calling it "a very extreme remedy."

Posted by Marcia Oddi on July 17, 2009 09:56 AM
Posted to Indiana Courts