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Wednesday, September 05, 2001

Request to move trial is refused




By Marie McCain
The Cincinnati Enquirer

        A Hamilton County judge Tuesday denied a defense request to move a Cincinnati police officer's manslaughter trial out of the county. He left open the possibility, however, if impartiality becomes an issue during jury selection.

        An attorney for Officer Robert B. Jorg had asked the court for a change of venue for the Oct. 22 trial, saying post-riot anti-police sentiments may make it impossible to seat an unbiased jury.

        It could also pose security problems, attorney R. Scott Croswell argued.

Jorg
Jorg
        Officer Jorg, 30, has been suspended without pay since January, when he was indicted on a felony involuntary manslaughter charge in the November suffocation death of Roger Owensby Jr.

        “We should make every effort here to see if we can seat a jury,” Common Pleas Judge Thomas C. Nurre said in court Tuesday.

        The judge said he has contacted other “demographically similar” cities in Ohio to see if facilities would be available. However, he said his efforts have been met with reluctance over lack of space and security.

        The trial could last two or three weeks, with testimony from as many as 40 witnesses, officials said.

        Mr. Owensby died Nov. 7 while struggling with five police officers in the parking lot of a Roselawn gas station.

        Police have said Mr. Owensby, 29, of College Hill was wanted because he had assaulted a police officer and escaped arrest several days earlier.

        Prosecutors argue the only way to determine whether potential jurors have been affected is to ask them.

        A second Cincinnati officer, Patrick Caton, was charged with misdemeanor assault in the death of Mr. Owensby. Mr. Caton's trial is scheduled for Oct. 24 before Hamilton County Municipal Judge Guy Guckenberger.

       



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