Attorney for man accused of killing a cab driver asks for another change for venue

CEDAR RAPIDS - A man accused of killing a cab driver last year asked for another change in venue based on lack of African-Americans in the jury panel in Story County.

Tyler Johnston, public defender for Johnathan Mitchell, 33, of Cedar Rapids, asked the court to move the trial again and also said the amount of security at the Story County Courthouse for the trial which started two weeks ago made it seemed as if Mitchell was a dangerous person. Some of the prospective jurors commented on it. There were eight deputies posted at the entrance and one of them carried an automatic assault rifle.

A  mistrial was declared the second day of jury selection because of the medical condition of a prosecutor.

Johnston asked the court to move the trial to Polk County because he knew diversity wouldn't be an issue in that area.

Sixth Judicial District Judge Robert Sosalla said the security issue could be easily resolved but he would consider Polk County.

Assistant Linn County Attorney Nic Scott said he thought Story County had a diverse population based on the 2010 census. He said he would submit the information to the judge.

Sosalla said he would make a written ruling after looking over the census information and checking with court officials in Polk County to see if it was a possibility. Sosalla proposed an Oct. 23 trial date.

Mitchell, charged with first-degree murder and first degree robbery, is accused of stabbing to death Cathy Stickley, 54, a Century Cab driver, April 29, 2011. According to a criminal complaint, Stickley was found dead by her vehicle in the 1500 block alley between Second and Third avenues SE. Stickley died of multiple stab wounds to her neck and head.