Trial for suspended judge Vance Day postponed
Whitney WoodworthThe trial for suspended Marion County judge Vance Day — scheduled to begin Tuesday — has been postponed.
Judge Julie Frantz granted the defense motion for a change of venue Monday, said Oregon Judicial Department spokesman Phil Lemman.
In a motion filed April 6, Day's attorney said Day could not get a fair trial in Marion County and asked the trial be moved to another county where there has been significantly less news coverage.
More:Can suspended judge Vance Day get a fair trial in Marion County?
Frantz neither denied nor granted the motion for a change venue on Wednesday, insisting instead on waiting until jury selection to determine how strongly potential jurors were affected by the press coverage.
Five days later, Frantz ruled from the bench and granted the defense's motion.
One hundred jurors had been summoned for the now-canceled, 14-day trial.
A new trial date has not been set, nor has a new court.
Several news outlets have covered Day's tumultuous time as a Marion County judge.
Day's out-of-court conduct with Brian Shehan, a former Navy SEAL who participated in the Veteran's Treatment Court that Day presided over, led prosecutors to file criminal charges against him in November 2016.
More:Supreme Court suspends Judge Vance Day three years for misconduct
He was charged with two counts of illegal possession of a firearm by a felon, a Class C felony, for allegedly facilitating Shehan's handling of a gun. Day also was charged with two counts of first-degree official misconduct.
Day faced separate misconduct allegations and was investigated by the Commission on Judicial Fitness and Disability, which recommended removing him from the bench for ethics violations.
The Oregon Supreme Court found the commission had proven Day was guilty of six out of eight misconduct charges. The court ruled that he be suspended for three years without pay.
The court opinion described Shehan as a credible witness and questioned Day's credibility and history of providing false information.
Day's attorney Michael De Muniz said the opinion contained information that could be prejudicial to the outcome of the criminal trial.
De Muniz also said coverage by the Statesman Journal, Oregonian/OregonLive and several news stations could influence potential jurors.
"The media coverage was pervasive and blatantly prejudicial," he said.
He requested the trial be moved to another county where Day could receive a fair and impartial trial.
In her response to the change of venue motion, special prosecutor Stephanie Tuttle argued that Day had contributed to the pre-trial publicity.
She said he launched a publicity campaign, launched a website promoting his First-Amendment martyrdom and paid over $500,000 to a direct digital marketing company, using money donated to his legal defense.
More:Suspended Marion County Judge Vance Day faces upcoming criminal trial
Earlier this month, Day also appeared on former Gov. Mike Huckabee's talk show on the Trinity Broadcasting Network.
Day said the charges were not about a felon handling a gun.
"It's about — I believe — my personal decision to quietly recuse myself from same-sex marriages," he said.
During the broadcast, Day also claimed to be facing up to 12 years in prison for the charges against him.
"He went on that TV show and quite frankly, he lied," Tuttle said.
Day faces only probation if he is convicted of the felonies.
For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth