Attorney wants Cedar Rapids murder trial moved

Citing excessive coverage in The Gazette, on KCRG TV-9 and in other news outlets, attorney Tyler Johnston argued on Friday that the only way murder suspect Johnathan Mitchell can get a fair trial is to move it out of Linn County.

“This is not your typical case, and this is not your typical change of venue request,” said Johnston, who's representing Mitchell, 33, charged with first-degree murder in the April 29 slaying of Century Cab driver Cathy Stickley, 54.

Mitchell, 33, was out on $10,000 bond for a previous charge when Stickley, 54, was found stabbed to death near her vehicle in the 1500 block alley between Second and Third avenues SE.

Johnston argued before a judge Friday that the news reports of Mitchell's release on bond and questions around whether the court system erred has subjected his client to unfair pre-trial bias that cannot be resolved through a stringent jury selection process.

“There is an insinuation and presumption that my client is guilty,” he said.

District Court Judge Robert Sosalla did not immediately rule Friday on Johnston's request for a change of venue and said he'll issue a ruling after reviewing all the arguments and evidence.

Johnston pressed the judge, saying that Mitchell's criminal history has been repeatedly publicized through news reports.

“That is not information a jury would be privy to unless we opened that door,” Johnston said. “And I can tell you that we have no intention to do that.”

Johnston said it's “too late when you're picking a jury” to find out about rampant prejudice, and he threatened to take the issue up in an appeal if his client doesn't get a fair trial because of a biased jury.

“Because of the nature of this, we can presume there will be prejudice,” he said. “Let's move it now, and avoid this whole issue.”

Assistant county attorney Nicholas Scott told the judge that Linn County has more than 211,000 people, and Johnston has failed to prove that a majority of those people are biased against Mitchell.

“The idea that the coverage has prejudiced the majority of the population is suspect,” Scott said, adding that reporters have a right to question the legal system in any criminal case. “The mere exposure to news is not enough. There has to be something more than that.”

Mitchell's trial on the murder charge has been stalled because of the request to move it to another jurisdiction.  A trial for the previous case, in which Mitchell faces a willful injury causing bodily injury charge, has been pushed back to Dec. 12.

In that case, Mitchell is accused of assaulting Arvin Druvenga, of Cedar Rapids, with a large wooden stick while Druvenga was parked on 15

Johnston on Friday asked the judge to lower his client's $1 million bond, but Sosalla rejected that request based on the seriousness of the murder charge and for the safety of the community.

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Street watching a Coe College football game on Sept. 25. Druvenga suffered skull fractures, a cut on the top of his head that required staples and other skin abrasions, according to police.