Change of venue in question for State of Texas vs. Dontriel Piper case

span class="sz">MONTGOMERY COUNTY, Texas - In a questionable and procedurally flawed hearing on Monday, Judge Kelly Case granted a change of venue in The State of Texas vs. Dontriel Piper. Changes of venue are appropriate only when pretrial publicity is so pervasive or when a “dangerous combination instigated by influential persons” exists so that a defendant cannot receive a fair trial. Procedurally, a defendant moves for a change of venue on one of the above grounds and supports that motion with at least two supporting affidavits. The state is by law permitted to read that motion and affidavits and respond with affidavits of their own that pretrial publicity has been minimal or that no such dangerous combination exists.

In the Piper case, the State was served with the defendant’s motions alleging that there existed a dangerous combination of influential persons that would prevent Mr. Piper from receiving a fair trial on Monday morning. Judge Kelly Case granted the defendant’s motion without allowing the State any time to refute the ridiculous assertion in the motion. Mr. Piper is one of four defendants charged with a violent aggravated robbery of a Woodland’s jewelry store. Three of the co-defendant’s have already pled guilty and accepted sentences from 25 to 45 years in prison.

This change of venue follows two days of jury selection last week in which the judge declared a mistrial and dismissed two different panels after finding that the prosecutor had made an improper comment to the panel. The comment in question was that the prosecutor felt he had a strong case or he wouldn’t have gotten dressed that morning. The second panel was dismissed because Judge Case found they had waited too long and the jurors were too frustrated to proceed. They consisted of approximately 160 citizens.

Phil Grant, the First Assistant District Attorney and a candidate against Case in the upcoming 2016 election says this constitutes more of the wasteful and irresponsible behavior that Case is known for.

“If you added up all of the mistrials we have received in all of the other courts in this county since Judge Case took the bench in 2013, they would not even be close to the number that occur in the 9th under Judge Case’s “leadership.” Jurors that leave after a mistrial are still paid for that appearance and have lost a day of productivity for nothing. In the Piper case alone, this cost the taxpayer over three thousand dollars. We use the same prosecutors in the other courts and we don’t have these issues. The only common denominator in all this wasted time and money is Judge Case.”

“The change of venue will cost the taxpayers even more. The last time we took a case down to Galveston it cost the local taxpayer at least 35 thousand dollars. That case had significant pretrial publicity, and the move was justified. This case has had little publicity and the allegation of a dangerous combination is factually absurd. Judge Case refused to allow us to file affidavits in response to the ridiculous assertions, which is procedurally improper. This whole process once again calls Judge Case’s fairness and objectivity, not to mention his commitment to the taxpayer, into question.”