Marcus Isreal, right, with his attorney, Clyde Bennett-
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LEBANON, OH (FOX19) -
The attorney for a man accused of fatally hitting a Warren County Sheriff's deputy is asking the trial to be moved out of Warren County, saying his client will not be able to get a fair and impartial jury because he is African American.
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Marcus Isreal is facing several charges, including murder, for killing Sgt. Brian Dulle on May 10. Dulle was laying down stopsticks while police were chasing Isreal, and Isreal hit Dulle with his car.
In the motion filed Wednesday morning in the Warren County Court of Common Pleas, attorney Clyde Bennett writes, "It is clear that a criminal case should be transferred outside the county when it appears that a fair and impartial trial cannot be held in the court in which the action is pending."
The motion continues, "The underlying fundamental probative facts of this case are that the victim was a white Warren County law enforcement person. The defendant is African American. Warren County is a predominately white community which rarely ever produces African Americans in its jury pool. The defendant is concerned that he will not receive a fair and impartial jury. Moreover, the extensive media coverage of this case (in a large part due to the aforementioned underlying facts) is so prejudicial and pervasive that it would be a futile attempt to seek a fair and impartial jury."
Marcus Isreal's trial date is scheduled for Oct. 17, 2011.
Judge James Flannery will make a decision on whether or not to grant the change of venue.
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