Editors note: This article was corrected to clarify attribution. Assistant DA Bob Lipo did not mention a 26% figure.
The attorneys for a luxury- auto dealer’s daughter accused of killing a motorist in a drunk-driving wreck want her pending felony trial moved out of Boerne.
The defense counsel for Kendall Batchelor, 23, claims in court filings she will not be able to get a fair trial because media exposure of the case has potentially tainted any jury pool.
451st state District Court Judge Kirsten Cohoon will hear arguments from both defense attorneys and prosecutors 3 p.m. Tuesday at the Kendall County Courthouse before making a decision.
Batchelor, the offspring of auto magnate Ken Batchelor, was charged with the second-degree felony of intoxication manslaughter and arrested June 6 on a warrant signed by Kendall County Precinct 3 Justice of the Peace Debby Hudson.
She is accused of driving a car that claimed the life of motorist David John Belter in a collision on June 2.
On May 1, Louis D. Martinez, of Price & Martinez Law in San Antonio, filed a motion with the 451st seeking a change of venue for Batchelor’s trial.
The filing claims a Facebook page titled “Boerne Area Informed Citizens,” which he said defense attorneys became aware of April 12, has shared media reports on Batchelor’s case, tainting upwards of 40% of the potential jury pool in Kendall County.
However, a response to Martinez’s motion inked by Kendall County Assistant Criminal District Attorney Bob Lipo on May 3 claims the figures used in the original plea to Cohoon are inaccurate.
To reach his 40% figure, Martinez argues the Facebook page has 11,000 members and cites 2020 census data indicating there are about 28,000 residents in the county eligible for jury duty.
Alternatively, Lipo argues that Kendall County Deputy Clerk Rachel Garcia identified 42,813 residents eligible for a jury summons.
Even if Martinez’s claim is correct, that means only about 26% of potential jurors might have formed an adverse opinion about the case based on news accounts.
Lipo further asserted Martinez failed to prove that all 11,000 members of the social-media forum are Kendall County residents.
“(The) defendant did not provide any evidence to show that the members of ‘Boerne Area Informed Citizens’ are residents of Kendall County, how many members of the ‘Boerne Area Informed Citizens’ viewed the social-media posts related to this case and how many members of ‘Boerne Area Informed Citizens’ who saw the social-media posts related to this case are eligible to be summoned for jury duty,” Lipo wrote.
Beyond the potential jury population data, Martinez claims information published from Batchelor’s arrest warrant – which cites a blood-alcohol level of .166, well above legal limits, and the presence of controlled substances in a blood sample – may be excluded from evidence, yet a potential juror’s decision could still be affected by that prior knowledge.
However, Lipo — who Murphy v. Florida as precedent in his response — noted, “Just because a case receives a high level of media attention does not automatically establish such prejudice that a defendant is entitled to a change of venue, noting that jurors do not have to be totally ignorant of the facts and issues in a particular case.”
Martinez provided two sworn affidavits claiming publicity of the case has “inflamed public opinion about the defendant.” Lipo noted these were signed by a friend of Batchelor’s and the friend’s mother.
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