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Defense attorneys want a public opinion poll to determine if an impartial jury can be seated for Maurice Clarett's robbery trial later this month.
The intense publicity surrounding the case and Clarett's recent arrest following a police chase make it impossible for the former Ohio State star to receive a fair trial in Franklin County, his attorneys claim. In a motion requesting the poll, they asked the court for funds to pay for it.
"Mr. Clarett is being held in jail without bail and is without sufficient financial resources to privately engage the services of a reputable public-opinion polling and research firm," attorney Michael Hoague wrote in the motion filed Wednesday.
Prosecutors oppose the motion, calling it inadmissible and against court procedure.
The county shouldn't have to pay for polling because Clarett has not proven to the court that he cannot pay for his own defense, prosecutor Ron O'Brien said Thursday.
O'Brien said he expects Judge David Fais to rule on the motion at a pretrial status hearing next week.
Clarett's attorneys still can file a traditional change of venue request, in which case the judge would ask potential jurors questions and determine if the case can be fairly tried in the county.
"A judge makes the determination if there's a sufficient number of jurors that can be fair and impartial," O'Brien said. "Public opinion polls really don't belong in the courtroom."
Clarett is awaiting a Sept. 18 trial on charges accusing him of robbing two people of a cell phone outside a bar early on New Year's Day.
He was arrested Aug. 9 after a police chase and charged with carrying a concealed weapon. Officers used pepper spray to subdue Clarett and found three loaded handguns and a loaded assault rifle inside the SUV.
Source: AP
The intense publicity surrounding the case and Clarett's recent arrest following a police chase make it impossible for the former Ohio State star to receive a fair trial in Franklin County, his attorneys claim. In a motion requesting the poll, they asked the court for funds to pay for it.
"Mr. Clarett is being held in jail without bail and is without sufficient financial resources to privately engage the services of a reputable public-opinion polling and research firm," attorney Michael Hoague wrote in the motion filed Wednesday.
Prosecutors oppose the motion, calling it inadmissible and against court procedure.
The county shouldn't have to pay for polling because Clarett has not proven to the court that he cannot pay for his own defense, prosecutor Ron O'Brien said Thursday.
O'Brien said he expects Judge David Fais to rule on the motion at a pretrial status hearing next week.
Clarett's attorneys still can file a traditional change of venue request, in which case the judge would ask potential jurors questions and determine if the case can be fairly tried in the county.
"A judge makes the determination if there's a sufficient number of jurors that can be fair and impartial," O'Brien said. "Public opinion polls really don't belong in the courtroom."
Clarett is awaiting a Sept. 18 trial on charges accusing him of robbing two people of a cell phone outside a bar early on New Year's Day.
He was arrested Aug. 9 after a police chase and charged with carrying a concealed weapon. Officers used pepper spray to subdue Clarett and found three loaded handguns and a loaded assault rifle inside the SUV.
Source: AP