Newstrack: Defense in Hogan case asks for new venue

Background

Shaun Hogan, 36, charged with first-degree murder, was accused of killing his girlfriend Crystal Gaffney, 29, who was found dead on Linn-Buchanan Road July 9, 2014. That was the year's fifth domestic homicide.

According to an autopsy report Gaffney died from a blunt force trauma. There were no details of Gaffney's injuries in the criminal complaint.

According to search warrant affidavits, Hogan's ex-wife Tamera McClaren implicated him in the crime. She said Hogan called her about 10 p.m. July 8, saying he had 'done something bad” and that Gaffney wasn't breathing. Hogan wanted to know what to do with Gaffney's children.

Hogan then went to McClaren's Waterloo home with Gaffney's children in the afternoon of July 9, according to the affidavit. He wanted to take the two sons he had with McClaren to his house for a sleepover.

McClaren said Hogan showed her a news article about Gaffney's death while he was there. 'This is her,” Hogan told McClaren, according to the affidavit.

Also according to the affidavit, 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.” 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 that they said they saw their father stab and kill their mother the night before, according to court documents.

What's Happened Since

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

The trial has been reset a few times, which is typical for murder cases, and the defense recently filed a motion for a change of venue. The defense is asking the court to move the trial to another county based on 'excessive” pretrial publicity of the case.

Hogan's lawyers argue the many newspaper articles and television broadcasts of the homicide and his arrest prevents Hogan from finding a fair and impartial jury.

Assistant Linn County attorney Jason Burns said Wednesday a hearing on the motion is set for March 13 in Linn County District Court. He likely will file a resistance to the change of venue.

Burns said he couldn't give additional information regarding details of the case. The trial remains set for May 5.

Sixth Judicial District Judge Ian Thornhill has been specially assigned this case because Judge Douglas Russell, who was previously assigned, will be retiring this spring.