Judge denies change of venue

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June 24, 2008

Allhands could bring up request again

BY BRIAN L. HUCHEL The Commercial-News Tue Jun 24, 2008, 09:33 AM CDT

DANVILLE — The trial of a man accused in the death of a Tilton toddler two years ago will stay in Vermilion County for now.

Judge Michael Clary denied a motion to change the trial location in the prosecution of Ryan Allhands, accused in the death of 2-year-old Reagan Williams in July 2006.

Public Defender Robert McIntire argued his client was faced with not only print and broadcast media coverage, but also Internet and billboard publicity by Reagan’s Rescue Foundation. Thirty-eight articles were produced as evidence for the court.

He acknowledged Williams’ family has been “as considerate as they can” to Allhands’ right to trial, but pointed out that jurors could make assumptions regarding Allhands and Williams’ death once the trial begins.

“Jurors will make the connection upon hearing his name — ‘Oh yeah, that’s the guy that shook the baby,’” McIntire characterized during his arguments for the court.

Ryan Allhands, 22, of Tilton faces four counts of first-degree murder in the death of Williams, which the coroner’s office ruled had resulted from closed head trauma consistent with shaken baby syndrome.

Billboards in the area as well as vigils and events have brought attention to shaken baby syndrome.

But Clary, upon hearing arguments for both sides, said he did not see the evidence at this point to warrant a venue change for the trial. But he also left open the chance that the issue could be brought forward again.

McIntire questioned the judge as to the possibility of conducting a public option poll of the area in regards to the case —the results of which could be brought before the court as an indication of the potential for unbiased jurors.

Clary said only that he left any such action up to McIntire himself.

Assistant State’s Attorney Larry Mills, in arguing for the prosecution, pointed out that Allhands was not mentioned in many of the newspaper articles brought forward as evidence by the defense. He also said the picture on the billboards was not that of Williams.

Allhands was arrested in July 2007 on the charges. He has since posted bond in September and was released.

It’s been almost two years since Vermilion County saw the murder trial of Kenneth Gray moved on a change of venue motion. A Peoria jury found 35-year-old Gray guilty in October 2006 of first-degree murder in the shooting death of his wife, Kimberly Gray.

Also at Monday’s hearing, the chance for attorneys to turn scientific evidence was continued.

McIntire had filed a motion for a Frye hearing which determines the minimum scientific evidence necessary for the jury to hear case.

But those arguments were continued despite an objection from Mills.

McIntire referenced the scientific evidence expected in this trial, specifically regarding the cause of death in the case, referring to it as a potential “clash of experts” for both sides.

The Frye hearing, as well as any other motions, will be heard by Clary on Sept. 15. The trial, originally set for July 7, was re-set for Oct. 20 during Monday’s proceedings.

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