A defense counsel request for a change of venue in the Roatcap fire case was denied Friday by District Court Judge Todd Plewe.
Public defender Amy Smith filed the motion for change of venue, saying the media coverage in the case was prejudicial against her client, Roger Stratton. Smith argued extensive coverage by the Cortez Journal of her client’s arrest and subsequent criminal proceedings leading up to the trial have harmed his right to a fair trial.
“The press coverage continues unabated,” Smith argued. “I think this case warrants a change of venue.”
Judge Plewe leaned in favor of the First Amendment, citing a wildfire would, in reality, “generate public interest, and be followed by the press.” The newspaper coverage has not been so “ubiquitous” that potential jurors cannot ignore what they’ve read and decide the case based on the evidence presented at trial, he added.
“We have a country that respects the freedom of the press, and expect that the press will report on matters the public has interest in,” Judge Plewe said. “I’m denying the motion at this point for a change of venue.”
Stratton, 54, faces a single charge of fourth degree arson, a class four felony, for a fire that he allegedly caused on his property near Dolores on Oct. 24, 2012.
A jury trial is slated to start Aug. 19. If convicted, Stratton faces a six-year prison sentence.
Defense counsel’s change of venue request was not the first aimed at the press. Smith argued last month to place a gag order on the media, but Judge Plewe also denied that motion.
The prosecution’s chief witness in the case, Montezuma County Sheriff’s Office Det. Adam Eastman, is expected to testify the blaze that eventually consumed 400 acres originated inside a burn pit behind Stratton’s home. Eastman has previously testified that Stratton claimed it was a “dumbass mistake” that he “recklessly, but not knowingly” caused.
Estimated damages from the fire, which caused the evacuation of 30 residences, could total up to $250,000, officials said.
