State v Amy Senser Change of Venue

STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Court File No.: 27-CR-11-28801
State of Minnesota,
Plaintif,
vs.
Amy Margaret Senser,
MEMORANDUM IN SUPPORT OF
DEFENDANT'S MOTION FOR
CHANGE OF VENUE
Defndant.
INTRODUCTION
The defndant, Amy Margaret Senser, has been charged with two counts of
flony-level criminal vehicular homicide operation pursuant to Minn. Stat. §§ 609.21,
subds. 1(7), la( a); 169.09, subd. 1, and Minn. Stat. § 609.21, subds. 1(7), la( a); § 169.09,
subd. 6. This memoradum is submitted in support of Ms. Senser's motion fr change of
venue pursuant to Rules 24.03 and 25.02 of the Minnesota Rules of Criminal Procedure.
Specifically, a fir and impartial trial cannot be held in Hennepin County because
prejudicial publicity creates a reasonable likelihood that a fir trial with an impaitial jmy
cannot be located in this venue. Ms. Senser's motion fr a change of venue must be
granted in the interests of justice.
FACTS
The fcts section of this memorandum refers to news articles, online commentary,
and other media sources. Additional fcts relied on are those set frth in the Defndant's
Motion to Dismiss, the State's Second Amended Complaint, and other motions fled on
behalf of both the State and Defnse.
1
The following represents a sampling of the vitriolic and tlu·eatening comments
taken fom literally thousands of online posts generated by mainstream media outlets,
social media, and independent blogs pe1iaining to Ms. Senser' s case.
1
The posts are made
primarily by subscribers and readers of local Twin Cities publications
2
:
Emily Guron, Amy Senser fatal hit-and-run: Charges should stand prosecutors say,
Pioneer Press, http://www.twincities.com/localnews/ci_l9987697 (Feb. 17, 2012):
•
"Skanky 'killer' Sleezebag should rot in jail her whole lif along with her
Phony cover up leading husband ... Where's her scummy low lif fiends
she was out getting plastered with to step frward and admit she was
hammered?" Posting of Craig Lundeen.
•
"put her in prison where she belongs." Posting of Jody Flowers.
•
"maybe she was not aware that she killed another person with her car
because she was so wasted." Posting of Cy Thao.
•
"I ran out of gas once ... Fortunately fr me I was not run over & killed by
an intoxicated person." Posting of Jef Miletich.
Lauren Radomski, Senser Attorney: Fatal Crash Vctim Impaired by Cocaine, KSTP,
http://kstp.com/article/stories/s2482142.shtml (Feb. 3, 2012):
•
"Come on Senser - you know you hit this individual and impaired by a
substance or not you NEEDED TO STOP!" Posting of Jennipher
Houlihan.
•
•
"Amy Senser should fry fr this." Posting of Guy Peacock .
"wonder who they paid of to make up the toxicology report ... the guy had
to borrow money fr the gas, how much coke could he have bought?"
Posting of Jef Johnson.
David Hanners, Amy Senser fatal hit-and-run: 'His blood was all over her car, '
prosecutor says, Pioneer Press, http://w  .twincities.com/ci_19800755 (Jan. 23, 2012):
•
"The skank got plastered and ran down another person and lef him to die
like an animal on the road as she drove away and staiied planning her
cover-up ... All we can hope is Slimmy Joe we meet the same end as the
skank! My guess is she will drink herself to death and end it a little fster."
Posting of Craig Lundeen.
•
"So I can get drunk and run someone over, if I didn't know I hit them, I'm
not guilty? Wow, lets get drunk then!" Posting of Kayer Vang-Xiong.
1 The individual posts are listed under the title, author, date, and website of the online
news article of which they are written in response to. Refrenced articles and postings are
also attached to this memorandum as Exhibit C in order of their citation.
2
The posts are quoted verbatim as they appear on the online frums. All spelling and
grammar mistakes have remained unaltered.
2
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"I wonder if Senser had to use her windshield washer to see through all the
blood." Posting of Mark Gisleson.
"Having read many of her attorey's comments regarding this, I really,
really, really hope one of his close fmily members is struck and killed
like a dog in the street." Posting of Peter Eggert.
"Nothing like getting hammered and going to pick your kid( s) up from
their outing!" Posting of Randy French.
"Guilty!" Posting of Gerry Stimmler .
Leslie Rolander, Witness: Driver of Senser Vehicle was Blonde," KSTP,
http://kstp.com/news/stories/s2486945.shtml (Feb. 8, 2012):
•
"Drunken driving." Posting of Rayn Bares.
Tim Blotz, Attorney: Threats Aimed at Amy Senser, Fox 9 News,
http ://w  .myfxtwincities.com/ dpp/news/minnesota/attomey-threats-aimed-at-amy­
senser-j an-12-2012 (Jan. 12, 2012):
•
"She is guilty as sin! .. .I hope she looses everything." Posting by Dylan
Boyd.
Emma Carew; Read it here: criminal charges fled against Amy Senser, Star Tribune,
http://w .startribune.com/129902758.html (Sept. 15, 2011):
•
"There is no way she didn't know she had hit this man, no way. She
should be fcing more charges than this one!" Posting of hardenlong.
•
"Listen, people are not stupid, she obviously had too much too drin
which is even more reason to not stick around and do the right thing."
Posting of jrtruth2 l.
Count Attorney: Amy Senser 's Trial Should Proceed, CBS Minnesota,
http://minnesota.cbslocal.com/2012/02/17 /county-attorney-amy-sensers-trial-should­
proceed/ (Feb. 17, 2012)
3
:
•
"fom what i have heard fom a ex employee at sensers bar and grill or
whatever the name is, is that Amy would come in every aferoon and get
drunlc what a dumb spoiled little fmale dog she deserves to be in jail. .. "
Posting of common sense.
•
"She is a murderer and her husband is a co conspirator." P
o
sting of Guy.
•
"The only way you hit and kill someone on an of ramp is if you are a
drunk! Don't worry your kids can visit you in prison Amy." Posting of
Realist.
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"get her behind bars already!!! so sick of seeing that scary pie of her!" .. .it
ceased to be an 'accident' . . . when she willingly and knowingly drove of
to leave the man to die!!!! it became a 'crime' at that point,,a vehicle
homicide.Only a heartless drunk would of done that, which Amy was that
night She better be conficted and trown in jail for a good long time.
justice fr that Laotion man is way over duel!" Posting of Lan-y.
3
Author unknown.
3
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"She was drunk or wantonly tried to kill the guy ... one of the two." Posting
of Real Talk.
•
"Joe called and ... offered me use of the spouse if I'd blow up one of his
places. Needs the insurance $$$ to pay Nelson ... so he can bribe a juror
and maybe the judge." Posting of Saw BS.
•
"I HOPE SHE GOES TO PRSON FOR THE MAXIMUM." Posting of
James.
Charges: Amy Senser Had Plent Of Time To Avoid Crash, CBS Minnesota,
http://minnesota.cbslocal.com/2012/0l/23/charges-amy-senser-had-plenty-of-time-to­
avoid-crash/ (Jan. 23, 2012)
4
:
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"Rot in hell Amy and Joe." Posting of Rotten people they are.
•
"Um, car swerving erratically minutes befre impact. Husband called a
chemical dependency treatment center the next moring? She's passed out
cold an hour afer murdering a man? Read between the lines; she was
wasted as heck." Posting of obvious.
•
"They have said since the beginning that Amy had some alcohol." Posting
of red.
•
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•
•
•
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"Rot Amy - rot. Just like the guy you lef on the road to die is now
doing .... rot you skank." Posting of Admiral SuperDude.
"Payback time Amy ... an eye fr an eye. Let people show you the same
type of mercy you shows Mr. Phatavong. NONE" Posting of Worthless.
"Heard 'ol Amy Senser was scheduled to go to drug/alcohol treatment the
next moring ... " Posting of Jasper.
"whats Amy Sensers Address?" Posting of Billy .
"Amy Senser has become the Casey Anthony of Minnesota. And Papa Joe
has become the OJ. Losers." Posting of Offcer Fif.
"Why is this Killer walking amongst us yet?" Posting of Stalin or Stalling
?.
Rachel Slavik, Attorney: No Proof Amy Senser Knew She Hit Someone, CBS Minnesota,
http://minnesota.cbslocal.com/2012/01/24/attorey-no-proof-amy-senser-knew-she-hit­
someone/ (Jan. 24, 2012):
•
"The loud thud, the blood splattered on the windshield, the screams ... none
of that registered? ... She knew what she did. Papa Joe knew it too. Both of
'em can rot in the heated basement." Posting of r bean.
•
"How can I get into the jury pool????? How how how how .... please have
them call me puleeeeeeeeeeeeeeszzzzzzzzze" Posting of Waiting.
•
"is there a more detestable person living among us? .... i think not." Posting
of alligator.
•
"Indeed - a change to public park. Rope.Tree. no admission fe." Posting
of try this then.
4
Author unknown.
4
•
"agree so let's just skip the prelim's, grab a rope and head to Blake school
there on Blake Rd and find the right tree I'd anticipate a large crowd but
the parking lots are big and the Senser's can just walk over." Posting of
simple 'nuf.
•
"senseless Senser' s have no pride. Amy needs to a bottle of valium, a
bottle of seconal and then a big jug of good ol' Walker Black ad just bow
out as they say. cya Killer." Posting of Double up.
Rachel Slavik, Amy Senser Charged With Felony For Hit-And-Run, CBS Minnesota,
http://minnesota.cbslocal.com/2011/09/15/criminal-charges-in-hit-and-run-case-coming/
(Sept. 15, 2011):
•
"I have a suggestion for charges that should be brought: MURDER, or at
least manslaughter. And then hang her fr leaving him there to die while
she ran away." Posting of Try this one.
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"Another drunk." Posting of KegHead.
•
"416 John St, Edina is where she lives. Everyone is fee to go speak their
minds there. Have a good night and I will see everyone there tomonow."
Posting of Freedom is not :ree :).
Attorney: Amy Senser Driving SU In Fatal Hit-And-Run, CBS Minnesota,
http://minesota.cbslocal.com/201 l/09/02/attorey-amy-senser-driving-suv-in-ftal-hit­
and-run/ (Sept. 2, 2011)
5
:
•
"Throw the B---- in the slammer. How could she not know she hit
someone unless she was slam down drunk AND driving." Posting of
concered citizen.
•
"What we need is a fir and impaiiial investigation, with a dignifed trial
to ascertain all the fcts, time fr a jury to deliberate and hear all opinions,
and then HANG THAT *(&%"$ FROM THE NEAREST TREE or at
least a fw years in jail." Posting of Angus.
•
"Amy Senser belongs in prison fr a LONG time." Posting of
Metro Voice.
Edgar Linares, Amy Senser Makes 1st Court Appearance, CBS Minnesota,
http ://minnesota.cbslocal.com/2011 /09 /16/amy-senser-makes-1 st-court-appearance/
(Sept. 16, 2011 ):
•
"The woman deserves NO SLACK ... what slack did she give that young
man she mowed over and lef to DIE,,,like a dog in the street.??? The
courts better send her to jail fr a looooonnng time. Justice fr that young
man she killed!!!" Posting of Marney.
5
Author unknown.
5
Senser Attorey Wants Hit-And-Run Case Thrown Out, CBS Minesota,
http://minnesota.cbslocal.com/2012/02/25/senser-attomey-wants-hit-and-run-case­
thown-out/ (Feb. 25, 2012)
6
:
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"We ordered some signs, magnetic ones, that says "Murderers Club" and
soon as the criminal thing is done we gona spend some time in her 'hood,
at Joe's pubs and intend to do whatever we can to keep her visible.
Checked and it's all legal as lond as we harm no one, stay on public
thruways, etc. Ordered 10 sets - 20 magnets. And we have people begging
to put them on ... Payback time Amy, payback time." Posting of Doggone
it all Amy.
"Great idea and how do I get on the waiting list? Maybe I should order up
some and bring the boys too? bring the nasty woman to her knees and
never let her up she can join the victim in the dirt. .. him under and her on
top." Posting of Uncle Chico Rico.
"The Sensors are irresponsible, insensitive, arrogant, and they think
they're above the law. May they both rot. I'm going to the nearest
Senser's restaurant and leave Joe a large, smelly package of the same stuff
he and Amy are flled with." Posting of ltchabod.
"Someday I wish to have the same opportunity as Amy had, but with her
on the ramp instead walking and me driving. Or hell - lets share the pain
and hope it's her kid. an eye fr an eye Amy .... " Posting of A wish.
"rather than a fst death let's just pray she has cancer soon or AIDS or
such and sufers greatly. She'll rot in hell but she deserves to on earth
too." Posting of kinda harsh A wish.
Amy Senser Appears In Court On Amended Charges, CBS Minnesota,
http://minnesota.cbslocal.com/2012/01/12/amy-senser-appears-in-court-on-amended­
charges/ (Jan. 12, 2012)
7
:
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"LOCK HER UP. SHE KILLED A PERSON. COME ON PEOPLE ... "
Posting of VICKI.
•
"because a good decent honorable person would do the RIGHT thing and
fss up,and be accountable fr your crime ... of which Amy is none of
those,,,, shes a disgusting,dishonest despickable human being who
deserves to spend many yrs behind bars fr using her vehicle as a lethal
weapon and KILLING a man and leaving him to DIE!!! Its called
'accountability', its called responsible!!" Posting of Marlis.
•
"Maybe God will have mercy on their souls but we do not need to as the
living. Take them down people, take them down." Posting of Bad woman
walking around.
•
"Hey - lets all head over to the Sensers and bring some Mike's, maybe
some scripts and whatever else you have available. Park your cars in the
back yard please so we keep the thing under control. Amy is ofering her
6
Author unknown.
7
Author unknown.
6
chmm to the frst 50 in the door. Afer that it'll cost ya. P-P-Party time."
Posting of Party Time.
Judge Puts Senser Civil Case On Hold, CBS Minnesota, http://minnesota.cbslocal.com/
2011/10/17 /judge-puts-senser-civil-case-on-hold/ (Oct. 17, 2011 )8:
•
"what a bit* ch hope she has a slow painfl death." Posting of burn baby
bur.
Rachel Slavik, Hit-&-Run Victim's Family Sues Sensers, CBS Minnesota,
http://minnesota.cbslocal.com/2011/09/06/hit-run-victims-fmily-sues-senser-fmily/
(Sept. 6, 2011):
•
•
"People like this will have their special place in the afer lif." Posting of
Grandma J.
"Hope she serves a lifetime." Posting of KC .
Holly Wagner,· Witness: Driver In Senser Crash Had Light Hair, CBS Minnesota,
http://minnesota.cbslocal.com/2012/02/08/witness-driver-in-senser-crash-had-light-hair/
(Feb. 8, 2012):
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"God will get you Amy and Co. if the Devil doesn't frst." Posting of
Classy.
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"Put this BlTCH in jail and throw away the key ... don't let them BUY her
way out of this ... she killed the man ... she must go to prison!!!" Posting of
Todd.
•
•
"maybe both Amy and daughter need to rot on a rope fr the lies. And I
will not even tought that sleezeball called an attorey. His day is a
coming." Posting of Lies and more lies .... crazy.
"I wanna rip her hair out and slam the junk into the mouth and then make
her ... gaggingly ... say yep. Me did it ad me proud of it." Posting of Full
up.
Senser Att'y: Cocaine In Victim's System At Time Of Death, CBS Minnesota,
http://minnesota.cbslocal.com/2012/02/03/senser-atty-to-file-motion-to-dismiss-criminal-
case/ (Feb. 3, 2012)
9
:
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"Death to the Senseless Killer an eye fr an eye a lif fr a lif a rope is
awaiting a swinger." Posting of Thou shalt not.
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"She's as evil and guilty as OJ, Adolf, Charlie Manson and Attila ... She
will rot in he!!, hopeflly she will be begging for a meal on a corer and
may no one have mercy on her pitifl arrogant evil soul." Posting of
Truth's a bugger.
•
"What a waste of a lif she is." Posting of Shelly.
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"Guilty. an eye fr an eye - she admitted twice that she did it. where is the
rope?????" Posting of Big Tree.
8 Author unknown.
9
Author unknown.
7
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"bang bang bang." Posting of bye killer.
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"Amy's a crackhead alcoholic and going to prison for awhile ... " Posting
of James.
Gregory Pratt, Joe Senser called rehab center after Amy's hit-and-run, City Pages,
http://blogs.citypages.com/blotter/2012/01/amy_senser_hit_and_run_amended.php (Jan.
23, 2012):
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"Now can this fcking piece of shit be put away fr a very long
time? ... Anyone defnding her can die in a fire, seriously. This is
inexcusable." Posting of AG.
Jessica Lussenhop, Amy Senser still won't talk about hit-and-run, City Pages,
http://w  .citypages.com201 l-09-21/news/amy-senser-still-won-t-talk-about-hit-and­
run/ (Sept. 21, 2011):·
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"HA-HA-HA-HA, Amy Senser so you think you are going to get away
with this ... There is a GOD, and I will guarantee you that if YOU DON'T
FESSUP, He will do it fr you." Posting of Denny Peterson.
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"She IS GUILTY. The blood on the hood of the car proves it." Posting of
anna.
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"i say 20 minimum. that so wrong to say you didn't know you hit
something. but you come home panicing and see blood on your mercedez.
hope she gets killed in jail." Posting of NOTaFAN.
Mike Mullen, Amy Senser 's hit-and-run ruled "accidental," City Pages,
http://blogs.citypages.com/blotter/2011/09/amy _ senser _hit_and _run_ accidental.php
(Sept. 14, 2011):
•
"Headline should read: Rotten rich cunt gets away with murder." Posting
of Asdf.
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"Hang her high!" Posting of guest.
Jessica Lussenhop, Amy Senser charged with felony criminal vehicular homicide,
City Pages, http://blogs.citypages.com/blotter/2011/09/amy _senser _charged_ with _flony
_criminal_vehicular_homicide.php (Sept. 15, 2011):
•
"why would you defnd this liar!!!!! She deserves a liftime in Prison!!!!"
Posting of Ksmithl422.
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"amy senser is a dog." Posting of NOTaF AN.
Mike Mullen, Star Tribune spikes op-ed critical of Amy Senser, CityPages,
http://blogs.citypages.com/blotter/2011/09/amy_senser_hit_and_run_star_tribune_colum
n _gail_rosenblum _bob_ collins _ esme _ murphy _ anna _prasomphol _true_ thai.php (Sept.
13, 2011):
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"Fuck the Sensers .. .I hope the people will take it out on these fcking
scumbags." Posting of Michelle Bachmann.
1
0
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"well i hope that bitch rots in jail." Posting of srsly.
1
0
Please note that this is a screen name.
8
Amy Senser Faces Another Felony Charge In Hit-And-Run, CBS Minnesota,
http://minesota.cbslocal.com/2012/01/1 O/amy-senser-fces-another-flony-charge-in­
hit-and-run/ (Jan. 10, 2012)
11
:
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'just lock her up and throw away the key already." Posting of Kyle
Weaver.
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"Oh, I'm a frm believer in due process. I think she should be duly
processed, then locked up, and then throw away the key." Posting of Doc
Mark.
•
•
•
"I hope she fries." Posting of Crazy Eyes .
"Guilty as Adolf Hitler and just as sleazy. Take her dow and waste her. I
got a rope and can tie a knot pretty well." Posting of Hey judgement.
"It wasn't even her that hit him. The story is she's covering up fr her
drunk kid. What a waste of human skin. Hopeflly she kills herself and the
rest of her fmily." Posting of bob.
Other online sources show the great amount of public attention that has been
given to Ms. Senser's case. For example, Facebook pages have been created to frther
discuss Ms. Senser's case and fature a plan to boycott Joe Senser's restaurants.
1
2
Further, online "stickers" (know as "memes") have been created that individuals can
download or post to their social media profles. These memes fature a photo of Amy
Senser walking out of court with her husband and attorey and have sayings on them
such as, "Sony I killed you, man ... LOL not really," "Where's a decent car wash around
these parts," and "I didn't kill a person .. .I killed a poor."
13
Numerous news articles and videos fature Hennepin County Attorey Michael
Freeman making statements about Ms. Senser' s case. As reported by local media, Mr.
Freeman stated in a press conference, "She knew she hit something. It's irreftable. His
blood was all over her car." He continued, "She knew that she hit him at the time of the
accident and she had a legal obligation to stop." See, e.g. David Hanners, Amy Senser
11
Author unknown.
1
2
Exhibit A, attached.
13
Exhibit B, attached.
9
fatal hit-and-run: 'His blood was all over her car, ' prosecutor says, Pioneer Press,
http://w  .twicities.com/ci_l 9800755?source=most_ viewed (Jan. 23, 2012).
News footage fom the same press confrence exists where Mr. Freeman can be
observed speaking about the actions of the Sensers the moring after the crash, including
their phone records and other witness statements: "It shows some firly incriminating
phone calls the next moring to a number of entities including a call to her brother, who's
a police offcer, asking who, hypothetically, you would hire fr a DWI." Charges: Joe
Senser Told Amy to 'Just Go Home, 'Video, Fox 9 News, http://w  .myfxtwincities.
com/dpp/news/amy-senser-hit-run-amended-jan-23-2012 (Jan. 23, 2012). M. Freeman's
assertion that the discussion involved a "DWI" is untrue; it cannot be fund in any police
report or witness statement. Furthermore, as described in previous memorandums, police
have verifed that the Sensers' call to Teen Challenge that moring was to cancel a
speaking engagement of Mr. Senser's.
ARGUMENT
Pertaining to the location of a trial and motions fr a change of venue, Minnesota
law provides as fllows:
Except as otherwise provided by rule 24 of the Rules of
Criminal Procedure, every criminal cause shall be tried in
the county where the offense was committed. The defndant
shall be entitled to one change of venue only except in cases
involving potential prejudicial publicity in accordance with
rule 25.02, subdivision 5, of the Rules of Criminal
Procedure.
Minn. Stat. § 627.01, subd. 1. Importantly, "the ordering of a change of venue because of
unfvorable publicity or prejudice in a community is within the discretion of the trial
10
court." See, e.g. State v. Gilbert, 268 N.W.2d 576, 581 (Miilll. 1978) (citations omitted);
see also State v. Salas, 3
0
6 N.W.2d 832, 835 (Miill. 1981).
Ms. Senser is moving fr a change of venue pursuant to both Miillesota Rules of
Criminal Procedure 24.03 and 25.02. The fllowing arguments show: (1) in the interests
of justice, a fir and impartial trial caillot be held in Heilllepin County; and (2)
prejudicial publicity creates a reasonable likelihood that a fir trial with an impartial jury
cailllot be located in this venue.
14
I. IN THE INTERESTS OF JSTICE, A FAIR AND IMPARTIAL TRIAL
CANNOT BE HELD IN HENNEPIN COUNTY.
Mii esota Rule of Criminal Procedure 24.03 provides one of the rules regarding a
change of venue in a criminal proceeding: "The case may be transfrred to another
county ... if the court is satisfed that a fir and impartial trial cailllot be had in the county
in which the case is pending ... [or] in the interests of justice." Miill. R. Crim. P. 24.03,
subd. 1.
The United States Supreme Court has looked at the totality of the circumstances
surounding a criminal proceeding fr indications that the location of a proceeding had
violated the "solemnity and sobriety to which a defndant is entitled in a system that
subscribes to any notion of fairess and rejects the verdict of a mob." Murphy v. Florida,
421 U.S. 794, 799 (1975). The United States Supreme Court has further held that,
"indicia of impartiality [amongst potential jurors] might be disregarded in a case where
14
The arguments against holding a trial in Heillepin County also apply to Ramsey
County and other counties considered as being within the "Twin Cities metro." A county
that is frther away fom the Twin Cities, that is more likely to have independent news
sources, such as Kandiyohi County, would be a more appropriate venue fr this trial. It is
within the discretion of the Court to "decide what county in the state is most likely to
aford a fir trial." State v. Thompson, 266 Miill. 385, 382 (1963).
11
the general atmosphere in the community or courtroom is suffciently inflammatory." Id
at 802.
The remedy fr combatting a lack of impaiiiality in a community of potential
jurors is simple: "When it appears likely that it is impossible to procure a fir trial befre
an impartial jury in the county in which the crime was committed, the venue ought to be
changed to a county in which a impartial jmy can be obtained." Thompson, 266 Minn.
3 87. Although potential jurors need not be "totally ignorant of the fcts and issues
involved" in a criminal case, "the constitutional standard of firess requires that a
defndant have a panel of impartial, indiferent jurors." Murphy, 421 U.S. at 799 (quoting
Irvin v. Dowd 366 U.S. 717, 81 S.Ct. 1639, 1642, 6 L.Ed.2d 751 (1961)) (interal
quotations omitted).
In State v. Blom, fllowing a highly publicized disappearance of a teen girl fom a
gas station in norther Minnesota, defndant Donald Blom was charged with 1st degree
murder. State v. Blom, 682 N.W.2d 578 (Minn. 2004). Blom's frst motion fr a change
of venue was granted, his second was not. Id at 608. The grounds stated fr the frst
change of venue motion included:
[H]ostile public sentiment and opinion about [Blom's] guilt;
pressure and influence fom the community on potential and
actual jurors; intimidating bumper stickers and signs
displayed in the parking lot of the courthouse; an incident
where a person slowly drove by in a car as jurors were
entering the courthouse yelling, "hang the bastard" and
constant refrences in the media to things that that been
deleted or ruled to be inadmissible.
Id The Supreme Comi of Minnesota upheld the trial court's denial fr a second change
of venue, partially as a result of the granting of the first: "Afer changing venue fom
Carlton County to ... Saint Louis County, the district court gave continuing attention and
12
consideration to Blom's repeated requests to frther change venue ... The court indicated
that it shared Blom's concer that he be given a fir trial by impartial jurors." Id Indeed,
the granting of the first motion fr a change of venue refected the district court's
wan-anted concer fr a fir trial.
In Ms. Senser's case, the interests of justice cannot be served without changing
the venue of her trial. The online me mes that have been generated to be downloaded and
posted on social media profiles are the moder equivalent to the bumper stickers in Blm.
Unlike bumper stickers, memes on social media profles are incredibly accessible, fee,
and have a wider audience than bumper stickers on cars. Certainly, the potential audience
of these memes is of an international scope. Increasingly advancing technology has led to
the ease and effciency of moder communications, but with these benefts comes the risk
of an uncontrollable media audience that hints at the question: Can a fir trial in highly
publicized cases be held anyhere?
The multitude of malicious and defmatory online postings fom community
members undoubtedly displays hostile public sentiment and opinion surounding Ms.
Senser. The postings hideously depict a "mob mentality" of the community that includes
violent refrences to hanging and killing Ms. Senser, running over and killing members
of her fmily, and even wishing fr the death of the defnse attorey and his fmily.
Many of the postings discussing Ms. Senser are of a vicious, sexual nature that highlights
the offensive and repulsive nature of the public's opinion.
Especially shocking to the American criminal justice system is the multitude of
individuals, potential jurors, who have made premature determinations that Ms. Senser is
guilty befre a trial has been administered.
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As illustrated by the immense volume and nature of postings and online
commentary regarding Ms. Senser, the general atmosphere of the community is that of
partiality. There is an inarguable amount of pressure and undue infuence coming fom
community members and being directed at potential jurors, which rejects all notons of
firess that are a requisite of any criminal proceeding. A fir and impartial trial cannot
be held in Hennepin County.
II. PREJDICAL PUBLICITY CREATES A REASONABLE
LIKIHOOD THAT A FAIR TRIAL WITH AN IMPARTIAL JURY
CANNOT BE LOCATED IN THIS VENUE.
Minnesota Rule of Criminal Procedure 25.02 govers a motion fr change of
venue because of prejudicial publicity. Under this procedural rule, a motion fr change of
venue "may be granted on motion of any part" who can be provide grounds fr the
motion through "testimony or affdavits fom individuals in the community ... or other
material having probative value." Minn. R. Crim. P. 25.02, subds. 1-2. Impo1iantly, a
motion fr "change of venue must be granted whenever potentially prejudicial material
creates a reasonable likelihood that a fir trial cannot be had. Actual prejudice need not
be shown." Minn. R. Crim. P. 25.02, subd. 3 (emphasis added); See, e.g. Blom, 682
N.W.2d 607 ("A showing of actual prejudice is not required" fr a district court to grant a
motion fr change of venue.); State v. Beier, 263 N.W.2d 622, 626 (Minn. 1978). "Where
there is a reasonable likelihood that prejudicial news prior to trial will prevent a fir trial,
the judge should ... transfr it to another county not so pe1meated with publicity."
Sheppard v. Maxell, 384 U.S. 333, 363 (1966).
The United States Supreme Comi has, fr many decades, stressed the importance
of impartial trials that are not tainted by prejudicial pretrial publicity: "[L ]egal trials are
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not like elections, to be won through the use of the meeting-hall, the radio, and the
newspaper." Id at 350 (interal citation omitted). "[T]he Court has insisted that no one
be punished fr a crime without 'a charge fairly made and firly tried in a public tribunal
free of prejudice, passion, excitement, and tyrannical power.'" Id (citing Chambers v.
State ofFlrida, 309 U.S. 227, 236-237, 60 S.Ct. 472, 477, 84 L.Ed. 716 (1940)). The
notion that jury verdicts should be reached as a result of the evidence presented at a trial,
not the evidence presented by the pretrial media, is amongst the "legal procedures" that
are protected by the law fom prejudicial pretrial publicity. Id. at 350-51.
In State v. Thompson the Supreme Court of Minnesota, in response to a
peremptory writ of mandamus, compelled the District Court of Ramsey County to change
the venue of that defndant's trial. Thompson, 266 Minn. 385. The defendant in that case
was "a prominent citizen of St. Paul" and there had been publicity consisting of what
purorted to be "opinions of people who are supposed to know the fcts" of the
upcoming trial. Id at 380, 388. The Thompson opinion discusses the threshold of when a
trial's venue should be changed as a result of prejudicial pretrial publicity:
Courts can do little to restrain news media from printing or
broadcasting what they claim is news, but, when it appears
that the public has been subjected to so much publicity
about the case that it seems unlikely that a fir trial can be
had in the locality in which the trial normally would be held,
the court can and should see to it that the trial is transfrred
to another locality in which it is more probable that a fir
trial can be had.
Id at 388. In balancing the interests of the media and the criminal justice system, the
Court articulated an important principle that is crucial to a criminal defndant's right to a
fir trial:
15
Id
It is important that the constitutional guaranty of the
freedom of the press not be curtailed if we are to exist as a
fee people. It is equally important, however, that, when the
unrestrained exercise of this right clashes with the right of
an accused person to be tried by an impartial jmy having no
preconceived opinions as to the guilt or innocence of the
accused, the rights of such accused person must be protected
by transfrring the case to a locality where the public may
not have been infuenced as much by the publicity that has
been given to the case.
Published, quoted statements made by public ofcials who are afliated with a
criminal case are viewed by Minnesota comis as being particularly dangerous to a
defndant's right to a fir trial; the inappropriate presence and subject-matter of these
statements is very likely to require a change of venue. State v. Fratzke, 354 N.W.2d 402,
407 (Minn. 1984) (citing Thompson, 266 Minn. 385).
Ms. Senser's change of venue motion is partly based upon the conduct of, and
repeated statements made by, the Hennepin County Attorey's Ofce to the media;
particularly, assertions concerning evidence against Ms. Senser and other critical aspects
of the case.
15
The prosecution has made numerous misrepresentations and opinion-
refecting statements to the media about Ms. Senser' s case. Perhaps most egregious are
Mr. Freeman's statements about the phone records of the Sensers and the condition of the
Senser vehicle fllowing the accident.
15
The Defndant objects to what it considers to be the prosecutorial misconduct of the
Hennepin County Attorey's Ofce. The Defnse recognizes a certain amount of public
discourse is needed on high-profile cases; however, repeated statements fom the County
Attorey's Office about the actual evidence of the case and opinions of the guilt of Ms.
Senser are improper. Conduct of the County Attorey's Office both in its interaction with
the plaintiffs personal injmy attoreys and its ofice's statements to the media are
arguably in violation of Minnesota Rules of Profssional Conduct 3.6 (relating to trial
publicity) and 3.8 (relating to special responsibilities of a prosecutor).
16
Mr. Freeman has discussed with the media the call the Sensers made to Ms.
Senser's brother the moring afer the accident. In these statements he claims that the
Sensers were seeking a refral fr a DWI lawyer - an asse1iion that is not based on
evidence and canot be fund in any police report. Coupled with the State's motion to
compel the production of medical records fom chemical treatment fcilities, the
prosecution is subliminally telling potential jurors that there is reason to believe that Ms.
Senser was drinking and driving the night of the accident. As has been pointed out many
times in earlier motions, Ms. Senser is not charged with a crime that has an element of
impaiiment. The State's constant mention of DWI's and the possibility of Ms. Senser's
impairment, which is completely irrelevant to its case, has had a strong efect on the
community members that make up the jur pool. In nearly every online discussion frum
individuals post comments that refect their belief that Ms. Senser was drunk on the night
of the accident. Mr. Freeman's statement about a "DWI" ref1rnl is not only a
misrepresentation, but is a blatant lie that had the sole purpose of prejudicing the jury
pool.
Mr. Freeman has also been quoting as saying, "His [the deceased's] blood was all
over her car." As visible though the images of Ms. Senser's vehicle that were submitted
to the Court along with previous motions made by the State, the Senser vehicle does not
have "blood all over" it. Again, these statements have obviously made an impact on the
jur pool as evidenced through the memes about a car wash, and online frum postings
discussing the "blood splattered on the windshield" and blood being noticeable on other
locations on her car. Since images of the Senser vehicle have not been released to the
17
public, these mental images must have been frmulated as a result of the words used by
Mr. Freeman in press confrences.
The conduct and statements made by the Henepin County Attorey's Office to
the media in regards to Ms. Senser' s case have had a prejudicial effect on potential jurors.
This prejudicial publicity creates a reasonable likelihood that a fir trial with an impartial
jury canot be located in this venue.
CONCLUSION
For the fregoing reasons, a fair and impartial trial cannot be held in Hennepin
County because prejudicial publicity creates a reasonable likelihood that a fir trial with
an impartial jury cannot be located in this venue. Amy Margaret Senser' s motion fr a
change of venue must be granted in the interests of justice.
Dated: 3  e/'?_
-- -;  - --
Respectflly submitted,
Eric J. Nelson
Attorey No. 308808
Attorey fr Defndant Amy Margaret Senser
Northland Plaza, Suite 1590
3800 American Boulevard West
Bloomington, M 55431
Phone: (612) 333-3673
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