Can Daniel Marsh Get a Fair Trial in Yolo County?

British newspapers have written about it, the courtroom was packed during his arraignment and he's been invited on the 'Dr. Phil' TV show.

The attorney of Daniel Marsh, the 16-year-old accused of murdering two elderly Davis residents, says "extensive and sensational" media coverage will hurt his client's chance at getting a fair trial.

Deputy Public Defender Ronald Johnson, Marsh's attorney, is asking the Yolo County Superior Court to ban the public and the media from Marsh's preliminary hearing, where officials will determine if there is enough evidence for the teen to stand trial for the two April killings.

"In this case, there is a substantial probability that the defendant's right to a fair trial will be prejudiced if the preliminary hearing remains open to the public," Johnson wrote in a motion to the court.

It references a similar motion–which was denied–from a 1970 case in Los Angeles County, and Johnson argues the defendant in that case had a better chance at a fair trial than Marsh does now: the media has been more sensationalist in reporting the Davis killings, and Yolo County has far fewer potential jurors than Los Angeles County, he says.

"It is unlikely that the potential jurors in Yolo County would be unaware of the existing news coverage in this case and remain unaware of the facts of this case after evidence is presented at the preliminary hearing," Johnson writes in the motion. "In short, it would be almost impossible to impanel an impartial jury in this case, and Mr. Marsh would be denied a fair trial."

The motion includes copies of stories from the Sacramento Bee, the Davis Enterprise, the Globe tabloid, Britain's Daily Mail and others.

The Davis Enterprise plans to oppose the motion in court, that newspaper reports.

“We believe the public has a right to hear the evidence that is presented at this young man’s preliminary hearing,” Enterprise Editor and Assistant Publish Debbie Davis was quoted as saying.

Johnson's motion is attached to this article as a PDF.

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What do you think? Does the public have a right to see what is presented at Daniel Marsh's preliminary hearing? Tell us in the comments section below.

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