Change of venue granted in Hemminger murder case

A murder trial set to begin next week in Brown County will now be in a different county later this year.

Judge Scott Myren granted a motion from defense attorneys for John E. Hemminger for a new venue, the Brown County State’s Attorney’s Office confirmed Thursday afternoon.

Hemminger, 34, is charged in the January 2015 stabbing death of Jessica Goebel, 26, at her Aberdeen home. She died from her injuries about a week later at a Sioux Falls hospital.

His defense attorneys filed a motion Tuesday asking that the trial be moved because of concerns about seating an impartial jury. Extensive media coverage was cited as one reason. Jury selection was set to begin next week, with arguments and testimony starting May 9.

Brown County Chief Deputy State’s Attorney Chris White declined comment.

No new location or dates have been set.

Myren heard arguments for the change of venue request Thursday morning.

“John’s constitutional rights allow him the opportunity to request this move,” said Tom Cogley, one of Hemminger’s attorneys.

Cogley argued for the change of venue because of the results of a confidential survey sent to about 200 potential jurors. Based on those surveys, he said, 62 percent indicated they have formed an opinion about the case or have some bias against American Indians.

“The problem we have is John should have the opportunity to a fair trial,” Cogley said.

At issue was whether potential jurors could set aside their pre-existing opinions about the case and consider the facts presented in court in a fair and impartial manner. In court terminology, attorneys refer to this as rehabilitation.

“I don’t think we can adequately rehabilitate these people,” Cogley said.

He said even if jurors are asked to set aside their opinions, it’s human nature to focus on the evidence that supports the conclusion they’ve already reached.

“We think the easiest way to ensure there’s no issues is to find a different venue,” Cogley said.

Before he issued his ruling, Myren said during the hearing that changing the location of the trial would also mean delaying it, because it would be difficult to reschedule in less than a week. He said the earliest trial date would likely be in September, and defense attorneys said they were aware of that.

The judge said the new venue would need to be outside the American News coverage area. That includes Brown, Campbell, Day, Edmunds, Faulk, Marshall, McPherson, Potter, Spink and Walworth counties.

During the morning hearing, assistant Attorney General Brent Kempema outlined why prosecutors opposed moving the trial. He and White are co-prosecutors.

Kempema said that just because a person has an opinion about the case doesn’t disqualify him or her as a juror. It’s up to the attorneys to determine the strength of that opinion and whether it can be set aside, he said.

“We need to ask them if they can set aside what they’ve read,” he said. “The residents of this county should be given the opportunity to try a case that happened in this county.”

He said a delay means a longer wait for the victim’s family.

Cogley countered that Hemminger is the only person who has a right to a trial in Brown County.

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