Kehoe defense: Mock jury pool will help test impartiality

An attorney for Michelle Kehoe said extensive media coverage of her client's case warrants a mock jury pool to determine if potential jurors in Buchanan County could be fair and impartial.

Andrea Dryer, a Waterloo public defender, said during a pretrial hearing Wednesday in Buchanan County District Court that media coverage has changed over the years and it's not limited to subscribers in one area.

The Internet's worldwide reach allows readers to post comments on stories, and those comments, Dryer said, have included “name calling” and opinions about Kehoe before any evidence has been submitted and before a trial has started.

Dryer said she submitted copies of articles and tapes of radio and television coverage to the court as part of her argument.

Kehoe, 35, of Coralville, faces first-degree murder and attempted murder charges in Buchanan County.

She is accused of killing her 2-year-old son, Seth, by cutting his neck and attempting to kill her other son, Sean, also by cutting his neck, on Oct. 26 near a pond in Littleton. She also injured herself.

Authorities said Kehoe had told her husband, Eugene, she was taking the boys to visit relatives in Sumner but instead drove to Littleton, where she duct-taped their mouths before cutting them.

Kehoe was present for the hearing, her first appearance in court since her arrest. She listened intently to the attorneys and judge. Her husband was also in the courtroom but he quickly left as soon as the hearing concluded.

Dryer argued the online comments are from anonymous people comparing this case to others, which aren't similar or have the same circumstances. The media coverage also has included speculation on the defense of insanity, which Kehoe is claiming, and the cost of prosecution in Buchanan County.

Assistant Iowa Attorney General Andrew Prosser told the court he's against changing the venue and the mock jury.

He agreed publicity about the crime isn't limited to Buchanan County - it is statewide and national. But he said that doesn't say anything about the thoughts of prospective jurors in Buchanan County, and the fact that jurors may have read or heard about the case doesn't mean they can't be fair and impartial.

Prosser argued that any juror who has read the comments or blogs could put those aside and be fair. Pretrial publicity, he said, does not mean a fair jury can't be seated in Buchanan County.

Prosser also said assembling a mock jury would be costly and time-consuming. He added that if it came down to moving the trial, he would prefer a mock jury pool.

First Judicial District Judge Bruce Zager took the arguments under advisement and will submit a written ruling later.