Channell granted change of venue
For the second time since June 2, Judge Mark A. Karl has declared a mistrial in the case involving Timothy J. Channell, 49, of Jacksonburg.
Monday’s move came about during the afternoon process of selecting a jury. Karl called the parties into his chambers for questioning potential jurors. Upon returning, he announced all three were excused from the jury pool.
Judge Karl then announced he was declaring a mistrial based upon the fact that 12 jurors had already been lost from the pool since they started in the morning and on a motion from the defendant’s attorney John Gainer for a change of venue. Karl said he talked to the prosecutor and Gainer.
“I am from Tyler County, I know what it is like to live in a small town and area, I was born and raised here. It’s hard not to know what goes on in your surroundings, something happens people talk, you read about it, hear it on the radio, Mr. Gainer, on behalf of his client, has moved for a change of venue.
“This is the second time we’ve tried to get a jury here,” noted Karl. “I am going to grant the motion for a change of venue and declare a mistrial at this point.”
Karl then excused the jury pool and told them they were free to leave; they were told they would be compensated for their time and mileage.
Channell was indicted by the October 2013 grand jury on the felony offense of malicious assault and, a misdemeanor, second-offense domestic battery. He has been free on $20,000 bond and home confinement since May.
Prosecutor Luke Furbee said he strenuously objected to the motion for the change of venue because he disagreed with the defense’s claim that a jury cannot be seated in this county.
According to Furbee,a new venue has not yet been determined for the trial.
Channell remains free on bond and home confinement.