Public defender Amy Smith filed the motion for change of venue, saying the media coverage in the case was prejudicial against her client, Roger Stratton. Smith argued extensive coverage by the Cortez Journal of her client\u2019s arrest and subsequent criminal proceedings leading up to the trial have harmed his right to a fair trial.<\/p>\n
\u201cThe press coverage continues unabated,\u201d Smith argued. \u201cI think this case warrants a change of venue.\u201d<\/p>\n
Judge Plewe leaned in favor of the First Amendment, citing a wildfire would, in reality, \u201cgenerate public interest, and be followed by the press.\u201d The newspaper coverage has not been so \u201cubiquitous\u201d that potential jurors cannot ignore what they\u2019ve read and decide the case based on the evidence presented at trial, he added.<\/p>\n
\u201cWe have a country that respects the freedom of the press, and expect that the press will report on matters the public has interest in,\u201d Judge Plewe said. \u201cI\u2019m denying the motion at this point for a change of venue.\u201d<\/p>\n
Stratton, 54, faces a single charge of fourth degree arson, a class four felony, for a fire that he allegedly caused on his property near Dolores on Oct. 24, 2012.<\/p>\n
A jury trial is slated to start Aug. 19. If convicted, Stratton faces a six-year prison sentence.<\/p>\n
Defense counsel\u2019s change of venue request was not the first aimed at the press. Smith argued last month to place a gag order on the media, but Judge Plewe also denied that motion.<\/p>\n
The prosecution\u2019s chief witness in the case, Montezuma County Sheriff\u2019s Office Det. Adam Eastman, is expected to testify the blaze that eventually consumed 400 acres originated inside a burn pit behind Stratton\u2019s home. Eastman has previously testified that Stratton claimed it was a \u201cdumbass mistake\u201d that he \u201crecklessly, but not knowingly\u201d caused.<\/p>\n
Estimated damages from the fire, which caused the evacuation of 30 residences, could total up to $250,000, officials said.<\/p>\n