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Johnson trial likely to stay here

Judge Michael Deegan will not be granting a request from the defense to move the homicide trial of Jessie Johnson to a new venue. Unless it proves impossible to seat a 12-person jury, the trial will take place in Crook County.

Defense attorney Don Fuller filed a motion to change the venue at the pre-trial hearing on March 19 through “an abundance of caution”. Fuller expressed concerns over the low population of Crook County and the potentially difficult task of forming a jury “untainted” by involvement in the Marty Smith trial.

Judge Deegan had requested a jury pool of 100 people for the Johnson trial, following the same protocol as was followed for the Smith trial: the first 60 potential jurors would be called in the morning and, if a jury of 12 could not be established, a further 40 in the afternoon.

Fuller filed a motion on the basis that it might not be possible to source a fresh pool of jurors. Judge Deegan cautioned, however, that the court must as a general rule try to pick a jury in the county where an alleged crime took place.

According to the Crook County Attorney’s Office, Judge Deegan’s decision was that the trial should not be moved before an attempt is made to seat a jury.

“I can confirm that the court reserved ruling on the change of venue,” says Deputy County Attorney Linda Black. “He is going to give us a chance to try to seat a jury here.”

Johnson faces charges including murder in the second degree, voluntary manslaughter, involuntary manslaughter and aggravated assault and battery, all related to the death of local man Doug Haar at the Sundance Travel Center in August, 2018. Johnson’s trial remains scheduled for May 6 at 9 a.m.