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Court considers venue change for Pendleton murder trial

Carroll, Cerro Gordo, Scott counties contemplated

-Messenger photo by Elijah Decious
Joshua Pendleton, left, is escorted from the courtroom Friday following a hearing about the possibility of changing the location of his trial.

Hoping to escape high-profile media coverage of the October killing of the Rev. Al Henderson, defense attorneys made their case in court Friday to move Joshua Pendleton’s first-degree murder and robbery trial to Scott County.

Attorneys for Pendleton, 37, argued that the court in Davenport was a better alternative to District Court Judge Gina Badding’s suggestions of Cerro Gordo or Carroll counties due to media coverage proximity and demographics.

In a motion requesting the change of venue filed earlier this month, defense attorney Michelle Wolf said state attorneys did not resist their motion, tentatively agreeing on Scott County. Badding ordered a hearing Friday on the matter, noting that Scott County was outside of the Second Judicial District, requiring scheduling coordination with administrators.

Badding told attorneys Friday that Scott County’s docket is “extremely full,” which would pose issues with completing a timely trial. As conditions stand with COVID-19, the Iowa Supreme Court has ordered that jury trials may not resume until at least Sept. 14.

“In cases notorious and reported across the state, you can’t expect every juror to be able to say, ‘I haven’t heard about this case,'” Badding said, telling counsel that the court needs to consider whether jurors are unable to render a fair and impartial verdict as a result of the media coverage they have been exposed to.

-Messenger photo by Elijah Decious
State and defense attorneys donning face shields await a hearing with masked first-degree murder defendant Joshua Pendleton to determine the fate of where Pendleton’s trial will be held.

“The goal of changing the venue in this case was to get out of the general central Iowa media market,” Wolf said.

Wolf rebutted both Cerro Gordo and Carroll counties with a two-pronged argument: they are too close to media coverage of the case and they have differing demographics that could pose a challenge to finding an impartial, appropriate jury pool.

Television stations serving Cerro Gordo County are primarily based in the Rochester, Minnesota, media market. Carroll County is considered part of the Des Moines media market. Neither county is considered part of The Messenger’s coverage or primary distribution area.

Assistant State Attorney General Douglas Hammerand, who is prosecuting the Class A felony alongside First Assistant Webster County Attorney Ryan Baldridge, disagreed that Carroll and Cerro Gordo residents would be unable serve as impartial jurors on the basis of their demographics. The state did not believe a trial had to be moved to a county of the exact same size and racial makeup to give a fair cross-section of jurors for trial, Hammerand said.

Cerro Gordo and Carroll counties have a slightly higher percentage of white residents than Webster County, with slightly lower proportions of black and Hispanic residents, according to the U.S. Census Bureau. Scott County has a lower percentage of white residents and a higher minority population than Webster County.

It was unclear, from oral arguments presented, what bearing the defense anticipated those demographics might have on finding a fair cross-section of the population for a jury. Pendleton’s criminal complaint classifies his race as white and his ethnicity as “Hispanic origin.” Wolf said case law supporting their position was still in development, but noted that finding venues with similar population characteristics was common practice.

“I just anticipate that that’s where (case law) is going to go make sure that a client’s protected in that area,” Wolf said.

In another potential strike against Carroll County, Wolf said that it borders Boone County, where Henderson previously served as a pastor. Perhaps the biggest advantage of moving to Carroll County was its availability, with a relatively open docket.

“Given (Carroll County’s) proximity to our media market, one person hearing about it in the community means that many have heard given, its small size,” Wolf said. “The defense … is willing to wait to have it in a county in which we think it could (render) the fairest jury pool.”

Hammerand, donning a face shield along with fellow attorneys and court staff, also expressed concern as to whether the proposed alternative counties would have venues large enough to allow for social distancing with a jury pool of close to 100 people.

“I think picking the jury, no matter what courthouse we go to, will require us to go to an auditorium,” Hammerand said, expressing preference for Scott County. “I don’t think there’s any courtroom in the state big enough for social distancing.”

Badding, anticipating a decision next week, said she would consider arguments and factors based on where a speedy trial can happen and whether the condition that necessitated the change in venue exists in another proposed venue. The presiding judge said she would first talk to administrators in Scott County to consider the viability of scheduling before seriously considering Carroll County.

Iowa criminal procedure rules allow for a change of venue when “such degree of prejudice exists … that there is substantial likelihood a fair and impartial trial cannot be preserved.”

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