Grizzly trial may move if jury can’t be seated
By Sarah Lison, Jackson Hole, Wyo.
May 18, 2010
The attorney for a man accused of illegally taking a grizzly bear in September filed a motion late Friday to move the trial, which starts today, if an impartial jury cannot be seated.
Attorney David DeFazio said in his motion that he will continue with jury selection, which is set for 8:45 a.m., but asked 9th Circuit Judge Timothy C. Day to transfer defendant Stephen Westmoreland’s case to another jurisdiction if finding an impartial jury becomes difficult.
DeFazio cited pretrial publicity in the Jackson Hole News&Guide and Jackson Hole Daily as the reason for his motion.
Court staff called 40 people last week for a six-person jury. Day is expected to rule on DeFazio’s motion after the jury selection process gets under way.
Weichman said during a pretrial hearing May 10 that moving the case to another jurisdiction would “almost make it irrelevant.”
“We need the community’s help to construct a standard to be applied,” Weichman said.
Westmoreland, 41, of Teton Village, pleaded not guilty in October to misdemeanor taking a trophy game animal without a license.
Westmoreland told a Wyoming Game and Fish Department officer the day of the shooting that he killed the bear in self-defense after it dropped to all fours and began to approach him at a distance of 40 yards, according to a report.
If convicted, Westmoreland could face up to one year in jail or $10,000 in fines.