Slay trial moved to Hastings
Published 12:00 am Tuesday, April 3, 2001
District Judge Donald E.
Tuesday, April 03, 2001
District Judge Donald E. Rysavy has ordered the trial of three men accused of a double homicide moved to Dakota County.
The trial will commence May 14 at Hastings.
However, all future pretrial hearings in the case shall continue to be heard in Mower County Third Judicial District Court.
An "atmosphere of bias or prejudice" threatens efforts to chose a fair and impartial jury in Mower County and the defendants’ constitutional rights to a fair trial, according to the judge’s ruling.
Coupled with security concerns, the judge granted the defense motion sought by public defender Chester Swenson and joined by the other defense attorneys and their three clients to move the trial to Dakota County.
Also Monday, Rysavy issued a formal gag order surrounding the case. The judge’s gag order would appear to prevent any discussion by anyone connected to the case of the three suspects’ escape from the Mower County Jail on March 25.
Vernon Neal Powers, 28, Scott Perry Christian, 30, and his brother, David Kenneth Christian, 28, all of St. Paul, are charged with the June 30 shooting deaths of two St. Paul men, Juan Vincente Ramirez, 41, and Raul Pedro Guiterrez, 26, and the wounding of Benjamin Moreno Hernandez, 20, also of St. Paul.
A grand jury convened last August and indicted the defendants on first-degree charges.
The victims, plus a 14-year-old cousin, who was not shot, were staying in Room 28 at the Downtown Motel in Austin. They were part of a roofing crew working in the city at the time of the shootings.
The defendants and a female accomplice fled Austin and returned to St. Paul, where they were captured late June 30.
Also charged in connection with the case is Jenea Larae-Nichol Weinand, 19 of St. Paul, who will stand trial later and separate from the three St. Paul men who will be tried together.
Last Friday, defense attorneys for the three St. Paul men joined together in motioning for a change of venue when the three men made their first appearance in court on escape and assault charges stemming from their break from custody more than a week ago.
Mower County Attorney Patrick A. Oman and two Minnesota assistant attorneys general assisting Oman – Peter J. Orput and Timothy C. Rank – objected to the change of venue as well as a continuance of the trial previously scheduled to begin April 9.
In a memorandum, explaining why he granted the defense motion for a change of venue and continuance, Rysavy cited the three defendants’ escape from the Mower County Jail March 25 and "statements of counsel" made to the media as to the defendants’ character and guilt or innocence.
"There has been intense and continuing local (and indeed state and nationwide) media coverage surrounding this case, which has flooded print, broadcast and online media with negative and prejudicial publicity," the judge observed.
"This veritable avalanche of publicity and the comments therein attributed to counsel and other law enforcement personnel may well have seriously damaged the defendants’ constitutional right to an unbiased jury and fair trial," he noted.
However, the judge also said security concerns were another reason.
"The court is specifically referring to repeated incidents of belligerent, disruptive and uncooperative behavior on the part of the defendants in the Mower County Jail, in transport to and from the courtroom and in the courtroom itself," the judge said.
Also, the judge expressed concern for the limited space available in the Mower County Courthouse.
The judge said he has "strong doubts as to whether maintaining venue in Mower County can now offer an adequate guarantee of the safety and security of the public, the jury, court staff, the attorneys and the defendants themselves.
Also fueling his decision were the "renewed, intensified and prejudicial pretrial publicity" based on the incidents occurring since their escape Sunday.
The three defendants face a Friday court appearance before Rysavy, when they are due to be formally arraigned on charges relating to last Sunday’s assault of two jailers and their 54-hour escape from the Mower County Jail.
Gag order in effect
Rysavy issued a formal gag order Monday restricting court personnel, the Minnesota attorney general’s office, the Mower County attorney’s office, Austin Police Department, defense attorneys and "all other court personnel having any connection with this case" from any interviews.
The order remains in effect until further order from the court.
He deemed it necessary to issue the gag order surrounding the trial of three accused murder defendants based on comments of counsel and law enforcement personnel made to the media since the defendants’ March 25 jail escape.
In addition, the judge determined the defendants’ respective character and guilt or innocence and right to a fair trial before an impartial jury had been impugned.
All persons connected to the criminal case were ordered "not to make extrajudicial statements" during the course of the trial.
Holvick’s bail reduced
Gabrielle Skye Holvick, 18, was formally arraigned in Mower County Third Judicial District Court Monday morning.
She is being represented by public defender Peggy Rockow-Eskens of Albert Lea.
Holvick is charged with three felony counts of aiding and abetting escape, two counts of aiding an offender to avoid arrest and two felony counts of aiding and abetting assault in the first and fourth degrees.
Holvick is alleged to have conspired with three murder defendants to escape custody in the Mower County Jail and to have driven the getaway car that took two of the three defendants to the Twin Cities area, where they remained at large until their recapture two days after their escape.
A third defendant suffered a broken leg in his fall from a second-story window at the Mower County Jail and was immediately recaptured.
Jailers Louis Dion and Mary Bates were injured when they attempted to stop the escape.
Both have recovered beatings they suffered by the defendants, but have not returned to work as detention officers in the jail.
Rockow-Eskens was successful in asking Rysavy for a bail reduction. Holvick was being held under $100,000 bond after her arrest March 26.
The public defender argued Holvick is not a flight risk and is two months shy of completing her high school education and graduating as an accelerated program student. In addition, she has a full-time job in Austin and has family roots in the city.
"She’s not going anywhere," Rockow-Eskens told Rysavy.
Oman said it was "unfortunate" the public defender said being held in jail would inconvenience the defendant’s school and work schedule and that despite having no prior criminal record, "She seems to have picked a big area to start (a criminal history) with."
Oman said the severity of the charges indicated Holvick still holds a flight risk. He asked the judge to leave the bail "as is."
The judge listened to the attorneys’ arguments and then ordered bail be reduced to $50,000 without conditions or $10,000 with specific conditions including daily check-ins at the Austin-Mower County Law Enforcement Center.
Once again, the defendant’s parents and grandparents were in the courtroom. The defendant did not make eye contact with them.
Austin bail bondsman Ken Howe waited outside the courtroom.
Also Monday, the defendant waived her right to an omnibus hearing within 28 days of her arraignment. Rockow-Eskens told the court she is requesting a contested omnibus hearing and the judge told the attorney to make known the issues to be discussed at the hearing and a list of any witnesses they defense plans to call.
On Sunday, Holvick was the victim of an assault in the Mower County Jail. Details of the incident are unknown and at Monday’s arraignment she appeared uninjured
Call Lee Bonorden at 434-2232 or e-mail him at newsroom@austindailyherald.com.