Anthony Sowell asks judge to move trial, throw out death penalty option
Cleveland.com
By Michael Sangiacomo
January 27, 2010, 11:18AM
CLEVELAND, Ohio — The Cleveland man accused of killing 11 women and keeping their remains at his house on Imperial Avenue asked a judge this morning to move his trial outside the area because the case has received so much publicity here.
Anthony Sowell, 50, made the request at a pretrial hearing in Cuyahoga County Common Pleas Judge Shirley Strickland Saffold’s courtroom. Saffold denied the motion.
Sowell’s attorney, John Parker, said an impartial jury would be impossible to find in Cuyahoga County because of the tremendous amount of publicity in the case.
Saffold said if a jury was found to hear the case against Oklahoma City bomber Timothy McVeigh in the jurisdiction where the crimes occurred, she was confident that Cuyahoga County could do the same.
Actually, McVeigh asked for and received a change of venue. His trial was not held in Oklahoma City, but in U.S. District Court in Denver, Colo.
Judge Saffold said the court would take a wait-and-see approach and might be willing to revisit the request if jury selection proves problematic.
Sowell’s lawyers also asked that the death penalty specifications charged in the case be dismissed. Parker noted that in handing up the indictment against Sowell, the grand jury did not hear any evidence or testimony against the death penalty.
VIDEO: Anthony Sowell in court
Saffold denied the request to preclude the death penalty.
Sowell’s lawyers also requested that any statements the defendant made to police after his arrest be excluded from trial.
“We feel his Miranda rights were violated,” said Parker after the hearing in explaining the motion. “He was interviewed by police at great length. I have seen videotape of the interrogations and I have asked that it be excluded.”
Saffold said she would hold a hearing one week before the June 2 trial date on the request.
Saffold denied a separate defense request to push back the trial date to allow more time for preparation.
“I have not received scientific evidence, a witness list or other items that I need in order to set up a defense and get scientific witnesses of my own,” Parker said.
Saffold ordered the prosecution to turn over all available information to the defense team by Feb. 23, which is also the date for the next hearing on defense motions.
“We need the time to get ready,” Parker said after the hearing. “But so does the prosecution. There is no way they will be ready for trial by June 2 either. There’s just too much evidence to go through.”
Sowell said nothing during the hearing. His lawyers presented more than a dozen motions to the judge.
Sowell’s hands remained cuffed behind his back and two sheriff’s deputies stood behind him throughout the hearing.













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