Judge rules science teacher can receive a fair trial in his hometown
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PRESTON — The trial for a science teacher accused of feeding a puppy to a snapping turtle will proceed in Franklin County despite a motion by the Idaho Office of the Attorney General to move it elsewhere.
Robert Crosland is facing one misdemeanor count of animal cruelty after he allegedly fed a small puppy to a turtle at Preston Junior High School in March.
The Idaho Office of the Attorney General filed a motion in July to move Crosland’s trial from Franklin County to another county in eastern Idaho, according to court documents obtained by EastIdahoNews.com. Prosecutors also suggested selecting jurors from another county.
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“It is the State’s belief that a fair and impartial jury would be extremely difficult to seat in Franklin County due to the pretrial publicity,” Deputy Attorney General David J. Morse said in court documents.
Morse argued that because Preston is a small community, all residents have likely been exposed to information regarding the case and discussed it with others.
“Because Preston is a small community, all residents have likely read about, heard about or discussed this case with a friend, family member, significant other, witness or colleague,” Morse said. “These discussions have likely established and cemented opinions about the facts of the case and the perceived proper outcome before any of the evidence has been presented.”
Statistics show nearly two thirds of the jury pool likely support Crosland and stand behind his actions, according to court documents submitted by the state.
Shane Reichert, Crosland’s attorney, objected to the motion and claimed Crosland’s right to a fair and impartial jury could also be compromised elsewhere because of pre-trial publicity.
“What the state fails to show is the bias against Crosland outside of Franklin County,” Reichert said in court documents. “The publicity surrounding this case has made it so that no matter the county wthe case if heard, there will be biased individuals – biased against Crosland and biased for Crosland.”
Reichert said prosecutors can not claim that nearly two thirds of the jury support Crosland as an online petition does not represent all of the community.
After reading the motions, District Judge David C. Hooste ruled that the trial will remain in Franklin County on Oct. 26 at 9 a.m.
Reichert told the Idaho State Journal that Crosland is back in the classroom this school year teaching biology at Preston Junior High School. If convicted, he could face up to six months in jail and a $5,000 fine.