Attorneys for Aaron Dean, the ex-Fort Worth police officer charged with murder in the 2019 shooting of Atatiana Jefferson, claim comments from influential people mean Dean cannot get a fair trial.
Five witnesses testified Thursday during a pre-trial hearing, where Dean’s attorneys are making a second attempt to move the trial out of Tarrant County. They claim pre-trial publicity has been excessive and inflammatory, tainting a possible jury pool.
Jury selection for the 2019 case is currently scheduled for Nov. 28 while the trial is set for Dec. 5.
On the stand Thursday included former Fort Worth Mayor Betsy Price and former Fort Worth Police Chief Ed Kraus. Defense attorneys pointed to press briefings held on Oct. 14 and 15, when Price and Kraus made comments on the case.
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“On behalf of the entire city of Fort Worth, I’m sorry,” Price said, at the time. “To Atatiana’s family, it’s unacceptable. There is nothing that can justify what happened on Saturday morning. Nothing.”
Jefferson was shot through the window of her mother's Fort Worth home in the early morning hours of Oct. 12, 2019, after a neighbor called a non-emergency line requesting someone check on Jefferson's home because of an open door.
The case had multiple delays due to the pandemic, scheduling conflicts, and various motions filed.
Attorneys for Dean have previously filed a motion to change the venue earlier in the year, though it was denied by Judge David Hagerman. Hagerman was later removed from the case after Dean’s attorneys successfully argued the judge had become “increasingly hostile” toward the defense.
Regarding comments made by Price, Kraus, and current Fort Worth city councilman Chris Nettles, prosecutors argued Thursday, there is no way to know exactly how many people were exposed to the comments or coverage.
Dean is represented by defense attorneys Bob Gill and Miles Brissette, who also called a forensic psychologist to the stand Thursday. The expert testified on the effects of pre-trial publicity. Her testimony included studies suggesting the more potential jurors hear about a case, the more effects bias.
Information potential jurors see and hear pre-trial may have more weight than what actually disclosed during trial, she said.
During cross-examination, prosecutors argued the expert had also been exposed to pre-trial coverage and even suggested the coverage was “negative” against Dean despite testifying she did not know the facts of the case.
Prosecutors also pointed out that if the expert was able to find articles online, then anyone from anywhere can find them.
No decision was made Thursday.
