Stillson: Justin Love would not be able to get a fair trial in Wichita County
Murder defendant Justin Michael Love sat quietly for two hours as an attorney, local media, the county judge and a former Wichita Falls police chief testified in his latest change of venue hearing Thursday morning in 30th District Court.
Senior District Judge Bob Brotherton will decide whether to transfer Love's second murder trial in connection with the death of Domanic Thrasher on June 2, 2015, in Wichita Falls.
Love's attorneys contend pretrial publicity and social media activity make it impossible for him to get a fair trial with an impartial jury in Wichita County.
Twists and turns
They contend the case, with unusual twists and turns, attracted inflammatory publicity and social media posts over nearly seven years since the 21-year-old former Rider High School football star was killed in what police say was a drug deal gone bad.
Court-appointed defense attorney Mark Barber noted the media covered his own ouster as Love's defense attorney, a plea bargain, the overturning of Love's first murder conviction and Love's divorce.
Barber and Chief Public Defender Jim Rasmussen are attorneys for Love, who maintains his innocence.
Love is charged with engaging in organized criminal activity-murder and faces up to life in prison. Two co-defendants were also convicted for the killing.
More: Murder trial date set as Justin Love fights for change of venue
Media coverage
Wichita Falls attorney Scott Stillson took the stand first Thursday to testify for the defense. He has provided an affidavit in support of Love's bid to move his trial.
Stillson said he did not think Love would be able to get a fair and impartial trial in Wichita County because of media coverage.
Under prodding from Assistant District Attorney Kyle Lessor, Stillson testified he doesn't know if media coverage has been accurate, but he doesn't think it generally has a prejudicial slant against a suspect.
More: Judge orders murder defendant Justin Love taken immediately into custody, no bail
A succession of current or former local media heads took the stand to testify that news outlets intend to report objectively and accurately, and they don't aim to inflame residents against a suspect.
Those testifying included News Director Adam Bradshaw of KFDX Channel 3 and Fox-affiliated KJTL Channel 18; Editor Claire Kowalick of the Times Record News; and Chris Horgen, former news director for KAUZ Channel 6.
Horgen left KAUZ to become the public information officer for the city of Wichita Falls.
County's top official testifies
Wichita County Judge Woody Gossom also testified Thursday. Gossom, who has served as county judge for over 23 years, has provided an affidavit in support of the prosecution's efforts to keep the trial in Wichita County.
"I don't see anything inordinate about the amount of coverage," Gossom testified.
He said it would cost the county more if the trial was moved to another venue, but the county has paid for such trials before.
"We step up. We pay for it" if a trial is moved, Gossom testified.
Judge hears from former top cop
Former Wichita Falls police Chief Ken Coughlin was the final witness.
Coughlin, who was chief from 1999 to 2004, testified that he had not heard about the Love case.
Coughlin told the judge he thought Love could receive a fair trial in Wichita County.
Coughlin moved away from Wichita Falls and from March 2014 to 2020 was the police chief of Plainview, he said.
The Panhandle city is about a three-hours' drive from Wichita Falls.
But he told the judge that he kept in touch with local residents he knew, for instance, from being a member of the police force, working for Child Protective Services and selling real estate.
He testified that he heard about Thrasher's death but didn't know Love was associated with it.
It is of note that Brotherton presided over Love's first murder trial before retiring from the 30th District Court bench.
Before that trial, the judge denied Love's request for a change of venue, saying he would revisit it if there was a problem seating a jury.
More: Judge denies motion to move Justin Love's trial for murder of Domanic Thrasher
While he is retired, Brotherton still hears cases and was assigned to Love's second murder trial.
The case up to now
Love has been held without bond in Wichita County Jail since Jan. 26 when Brotherton determined he violated bond conditions.
In a March 26, 2020, ruling, a Fort Worth appeals court overturned his 2018 murder conviction for Thrasher's death and ordered the 30th District Court to give him a new trial.
The appeals court pointed to Barber's removal as Love's attorney in the first trial in their decision to reverse the conviction, according to court records.
Justices deemed Love was deprived of his right to an attorney because Brotherton ordered Barber removed from the first trial, citing a conflict of interest, according to court records.
During Love's first trial, a jury found him guilty on Dec. 13, 2018. He was sentenced to 50 years in prison Dec. 17, 2018.
Blayne William Brooks, 27, is serving a 60-year sentence for engaging in organized criminal activity-murder in Thrasher's slaying, court records show.
Whitney Mercedes O'Brien, the go-between, was sentenced to 15 years for manslaughter in a plea bargain for the killing, court filings show.
She was paroled Sept. 3, 2020, according to court documents.
More: Love's wife: 'I do whatever Justin wants ... so he'll leave me alone'
Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news, politics and more. Contact Trish with news tips at tchoate@gannett.com. Her Twitter handle is @Trishapedia.
This article originally appeared on Wichita Falls Times Record News: Judge hears testimony on change of venue in Justin Love trial
