The attorney for Austin Montgomery Clark — accused of murdering Canyonville resident Kevin Jonathan Omann in September 2007 — is concerned Clark will not be able to receive a fair trial in Douglas County.
Attorney Don Scales of Medford has filed a motion asking that Clark's trial be moved to another county. On Tuesday, Scales explained to Douglas County Circuit Court Judge Randy Garrison why he is asking for the change of venue.
Clark, now 19, faces charges of first-degree murder in connection to the death of Omann, 27, whose body was found in a rural area near Milo Sept. 17, 2007. Clark also faces a first-degree criminal mischief charge for allegedly damaging Omann's pickup.
A co-defendant in the case, Charley William Carnes, now 19, has already been convicted on similar charges. He's been sentenced to serve life in prison with the possibility of parole after 25 years.
At Tuesday's hearing, Scales said his request for a change of venue for the trial will depend partly on the responses the court gets on questionnaires that potential jurors will need to submit before Clark's trial, now set for Feb. 3.
Garrison said Scales' request will hinge on how “ ‘poisoned' the jury has been from the trial of the co-defendant.”
For example, Garrison continued, should jurors say they were aware of Carnes' trial and of the fact that Carnes claims he saw Clark hit Omann in the head repeatedly with the blunt end of an ax, that could jeopardize Clark's chances of having a fair trial here.
But Garrison asked whether responses on a juror's questionnaire could really reveal whether a juror's knowledge of Carnes' trial might affect the ability to judge Clark fairly.
Scales responded that he thinks he could get a more thorough understanding during the actual jury selection process regarding whether jurors' knowledge of the previous trial would cloud their judgment.
But Deputy District Attorney Deborah Stoll said in her opinion, waiting for jury selection to rule on whether the trial should be moved out of the area is too late.
Scales conceded that at that point, the prosecution and the defense would have already brought in witnesses. It would be “extremely inconvenient for the (prosecution)” if Garrison waited until then to rule on whether the trial should be moved, he said.
Garrison decided to hear argument on Scales' motion for a change of venue on Feb. 1, two days before Clark's trial is set to start. He directed Scales to come up with a questionnaire for the potential jurors by Dec. 21. He also set a hearing for Jan. 4 to resolve any differences Scales and Stoll may have on questions to be contained in the questionnaire.
According to documents the prosecution has filed with the court, Carnes told investigators that he, Clark and Omann had gone to a gravel pit off Corn Creek Road to drink on the evening of Sept. 8, 2007.
He claims he saw Clark hit Omann in the head with an ax. Carnes told investigators he then slit Omann's throat to “put him out of his misery.”
In other court documents filed by the prosecution, Clark told investigators he had been at the gravel pit that night. Clark allegedly told an acquaintance that Omann had taken a swing at his friend and he then hit Omann with an ax.
Clark has pleaded not guilty to both the first-degree murder and first-degree criminal mischief charges he faces.
Before his death, Omann was a millworker who had served four years in the Air Force as an airplane mechanic. He was a South Umpqua High School graduate.
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