Joseph, a Haitian migrant, was in the United States legally, but did not have a U.S. driver’s license. The Honda Odyssey he was driving went left of center on Ohio 41 into the path of the bus. The bus driver tried to avoid contact, but was unable to, and the bus overturned, killing Aiden Clark, 11, and injuring nearly two dozen other students.
Joseph’s attorney, Jessica Manungo, argues in an appeal that the trial court failed to revisit the issue of changing the venue to ensure a fair trial, prejudicing “Joseph’s substantial rights by denying him a fair trial by an impartial jury.”
In an updated brief, Manungo argues that “the trial court abused its discretion and created structural error when it denied” Joseph’s change of venue motion, “violating his rights to due process and to a fair trial by an impartial jury.” She also argues that the court erred when it failed to reconsider Joseph’s motion after jury selection.
The state and Joseph’s lawyer had oral arguments before the Second District Court of Appeals on Tuesday. No date has been scheduled for further hearings, or an appeals court ruling.
Manungo argues Joseph’s then-counsel was ineffective when he did not renew his motion for a change of venue after “the demonstration of actual bias by jurors during voir dire.”
Manungo, in court filings, points to a specific juror, “who not only stated that she had heard that Haitian immigrants were the cause of the influx of crimes and accidents in Springfield, but she had talked extensively about the accident with her granddaughter who taught in the Northwestern school district, and she did not believe she could be impartial.” The juror was not removed from the panel.
In the brief, Manungo details extensive media coverage of the crash, as well as bias against Haitians and other immigrants.
“Nothing in the record indicates that the media attention had lessened at the time of the trial, six months after Mr. Joseph’s pre-trial motion to change venue,” Manungo wrote.
Credit: Bill Lackey
Credit: Bill Lackey
The state argues in filings that the change of venue was unnecessary, with news coverage being spread over months.
Before the trial, Joseph’s then-attorney Terry Hart attempted to get the trial moved, but a judge denied those motions.
During the trial, Clark County prosecutors argued that a change of venue was not necessary, and they were able to swear in a fair and impartial jury. They argued that awareness of the Haitian population and associated negative rumors did not create bias.
During the trial, Joseph, a Haitian immigrant, testified he has a Mexican driver’s license and Ohio ID card, but no Ohio driver’s license.
Joseph testified he has temporary protected status for immigration purposes, and did not get an Ohio driver’s license because he did not have the necessary documents.
Credit: Littleton & Rue Funeral Home
Credit: Littleton & Rue Funeral Home
The crash occurred on the first day of the school year for Northwestern Elementary School students. A driver and 52 elementary school students were aboard the bus.
Clark County Assistant Prosecutor Robert Logsdon said in a filing that because specific media coverage was not included in an argument for change of venue during the trial, it cannot be used in the appeal. He cited case law that the court cannot consider evidence that the trial court did not consider.
However, the appeals court ruled that the media coverage could be used in Joseph’s brief he filed in order to “indicate what was in the public realm at the time, not whether the contents of those articles were in fact true,” citing case law. The court will “take judicial notice” of the material and consider it “with the merits of the appeal.”
Credit: Bill Lackey
Credit: Bill Lackey
About the Author
