The judge in the case of three men accused of killing a wild horse in Virginia Foothills said Monday he is skeptical about the possibility of a fair trial in Storey County.
Judge Michael Griffin expressed concern shortly after jury selection began in the afternoon. Nearly all potential jurors said they heard of the case and many said they had formed negative opinions about the defendants: Anthony Merlino, 21, and former Marines Darien Brock, 21, and 22-year-old Scott Brendle.
After several potential jurors were dismissed, Griffin asked the pool of approximately 70 people to leave the room while he discussed the trial with prosecutors and defense attorneys.
"Almost all of them are familiar with wild horses and they have very strong opinions about wild horses," he said. "I'm getting very concerned about the ability of these people to hear the case fairly.
"We'll have to address that as we go along."
Griffin asked the jurors, chosen from a pool of approximately 1,700 registered voters, about their associations with horse-related clubs and the amount of contact they have had with the wild horse population. When he asked how many people enjoyed watching wild horses, nearly all jurors raised their hands.
"When these three people were picked up so quickly, I formed a very strong opinion about this case," one excused juror said. "I tell you flat out - I have my mind made up without hearing anything."
Another juror was released when she recounted her impression of the pictures and stories that followed the killings of December of 1998. The trio were arrested a few weeks later.
"I think I was affected by the media, by my peers; I was appalled," she said. "It seems like it would be easier if it didn't have to do with horses."
Griffin also warned that potential jurors had to be open to learning about the corpses of more than two dozen horses, but to keep in mind that the defendants are only suspected in one case.
"The only reason we are to talk about more than one horse is for context," Griffin said. In an earlier ruling, Griffin denied a motion that would have prohibited information about other dead horses. He agreed with Deputy District Attorney Sharon Claassen that the information is necessary to establish a timeline.
A transcript of Friday's hearing, which was closed to the public, was made available for viewing Monday.
The bulk of testimony from investigators and the defendants relates to the methods of interrogation that were used.
Darien Brock, stationed in Camp Pendleton, Calif. at the time, testified that he was brought into an interview room and questioned on and off for more than 24 hours by Navy investigators and a Washoe County sheriff's detective.
Self-incriminating statements were recorded during the interviews, according to the investigators.
Detective Allen Artz testified that Brock stated "he'd been less than honest because he was trying to protect his friends, and that they had been involved in the killing of one horse."
The information obtained through the interviews will be allowed at the trial, Griffin ruled Friday.
Brock is represented by attorney Marc Picker, Merlino by attorney Scott Freeman and Brendle by attorney John Ohlson. The three defendants and their attorneys hail from Reno.
The remaining jurors have been ordered back to court at 9:30 a.m. today for a continuation of jury selection.
