Judge will not move murder trial for Waterloo man out of Linn County 

By Trish Mehaffey, The Gazette

A judge will not move the murder trial for a Waterloo man accused of killing his girlfriend last July.

Attorneys for Shaun Hogan, 36, charged with first-degree murder, argued Friday that the trial should be moved out of the county because of the 'extensive and inflammatory” pretrial publicity which would make it difficult to find a fair and impartial jury.

Linn County Public Defender Brian Sissel said the newspaper and online articles and television broadcasts included evidence or information that may not be admissible at trial like Hogan's prior criminal history and opinions from witnesses that is prejudicial. Some of the articles also mentioned 'domestic situations” and the penalty of the charge, which wouldn't be admissible at trial. Assistant Linn County attorney Jason Burns argued against moving the trial, saying there is no evidence presented by the defense to show there is any actual prejudice in the community. No surveys or juror questionnaires have been sent out at this time.

'It's not enough to say there are several newspaper articles and broadcasts, there has to be proof of actual prejudice,” Burns said. 'I think through the voir dire process we can (eliminate) those. The pretrial publicity has been factual in nature.”

Sissel had pointed out that the articles or broadcasts mostly ran from July to August 2014 and one was earlier this month.

'Nine months later, I'm not sure if anyone remembers the case,” Burns said.

Sixth Judicial District Judge Ian Thornhill said the newspaper accounts don't contain editorial comments about guilt or innocence. The coverage isn't so 'persuasive or inflammatory” to say prejudice is presumed.

Thornhill said there will be a large cross section of the community brought in for jury selection and they can eliminate any issues at that time. He told Sissel he would be provided with 'flexibility” during the process to ensure a fair and impartial jury.

Hogan is accused of killing his girlfriend Crystal Gaffney, 29, who was found dead on Linn-Buchanan Road July 9, 2014. Gaffney died from a blunt force trauma, according to an autopsy report. According to search warrant affidavits, Hogan's ex-wife Tamera McClaren implicated him in the crime. She said Hogan called her the night before saying he had 'done something bad” and that Gaffney wasn't breathing.

Hogan wanted to know what to do with Gaffney's children.

McClaren told investigators Hogan called her later saying he needed to bring over his sons because of the 'situation” and that he needed to 'leave town,” according to the affidavit. McClaren's sons were apparently dropped off by Hogan, his mother, and another woman.

Police said a woman told them that her children had spoken with Gaffney's children on July 9 and they said they saw their father stab and kill their mother the night before, according to court documents.

Hogan has pleaded not guilty and remains in the Linn County Jail under a $1 million bond.