But Grabau said he did not see why a polling expert was necessary for the change of venue motion.
“Why do I need assistance of an expert in a motion for a change of venue?” Grabau asked Denner.
“To help you see how in different counties what people have heard about the case and what opinions people have formed about the case,” Denner answered. “It’s a very valuable thing for the court to know whether a court can get a fair and impartial jury in Middlesex county.”
Grabau said that in past murder cases he has addressed potential juror bias by distributing a seven-page questionnaire to determine if the juror might have a prejudice in the case.
Denner said this questionnaire procedure was new to him.
“I have not had a murder case like that,” Denner said, adding that he would want that type of jury selection process to be guaranteed regardless of whether Grabau presides over the trial.
Grabau stressed that exposure to the media is not necessarily a problem for jurors.
“Jurors can reach impartial decisions even if they aren’t ignorant of the facts [of the case],” Grabau said.
In her cross-examination of Conway, Assistant District Attorney Adrienne Lynch said Middlesex County has a larger population than Berkshire county, creating a greater absolute number of unbiased potential jurors.
She added that the case has received substantial national attention, making the county of the trial less relevant.
In one of the hearing’s most tense moments, Grabau accused Denner of pandering to the media.
“Why is it that you can suggest a change in venue when you yourself gave the media more information?” Grabau asked Denner.
“It does not help your case, Mr. Denner, if you run to the media,” Grabau later said.
Lynch, who called Denner “a defense attorney who calculated an effort to spin a version of the case,” said she told Denner to stop appearing on television.
But Denner said he appeared on “Good Morning America”—one of several national shows which have covered the case—only after the show’s staff sought him out.
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