IN THE CRIMINAL COURT OF HAMILTON COUNTY, TENNESSEE STATE OF TENNESSEE, ) v. } Docket No. 306929 JUSTIN DAVID WHALEY, } Division I “4 a Defendant. } JUDGE STEELMAN' a MOTION FOR CHANGE OF VENUE AND SEQUESTRATION|OF JURY COMES NOW, the Defendant, Justin David Whaley, by and through counsel, Davis & Hoss, P.C, pursuant to Article I, section 8 of the Tennessee Constitution, Rules 12 and 21 of the Tennessee Rules of Criminal Procedure, and Tenn, Code Ann. §40-18-116, and requests this Honorable Court to order a change in venue for the trial in this matter and that the jury be sequestered during the course of the trial. The Court should order a venue change as a fair trial is unlikely in Hamilton County because of undue excitement against the Defendant in Hamilton County. As grounds, the Defendant would show as follows: 1 Facts ‘The Defendant, Jusiin David Whaley, has been charged with vehicular homicide relating to an accident that occurred on July 3, 2018, where James Brumlow was killed. Defendant was indicted in this matter on February 20, 2019. Before and after the Defendant was charged in this matter, hundreds of prejudicial comments have flooded local social media. There have been organized protests relating to the Defendant that were organized via social media by the alleged victim’s family, Further, there have been numerous news articles written and televised about this matter, many false and highlyprejudicial. Equally as troubling have been comments by law enforcement, potential witnesses in this case, stating opinions that affect the ability for the Defendant to have a fair trial. I. SOCIAL MEDIA A. COMMENTS MADE IN THE JUSTICE FOR JAMES BRUMLOW FACEBOOK GROUP, OTHER FACEBOOK GROUPS, AND OTHER SOCIAL MEDIA In August 2018, a Facebook group was created called “Justice for James Brumlow.” This Facebook group currently has more than 200 members.’ The Justice for James Brumlow Facebook group and other social media include hundreds of prejudicial comments relating to this matter. (See, Collective Exhibit “A”). Other Facebook groups including Soddy Daisy ‘Community Grapevine (6,700 members), Soddy Daisy Grapevine for Adults (1,700 members), What's up Soddy Daisy (2,000 members), The Daisian (601 members), Soddy Daisy News (5,659 members), Mowbray Mountain Grapevine (1,000 members), and Dunlap Grapevine (2,500 members), have members commenting on this case. (See, Collective Exhibit “A”). Example of excerpts include: © Dawn Decker (mother in law of victim): "Not even a month after driving drunk the wrong way on the 111 killing James Brumlow he appears like some who is not remorseful." "This has been another long and heartbreaking week..of being screwed over by the judicial system again by Judge Steelman who granted Justin Whaley a removal of his GPS monitor due to an inconvenience of going out of range and drawing on the battery only to know that they make plenty of money to cover the cost and inconvenience of replacing the battery often. Let alone again this was a last minute hearing without any warning... Justice has yet to be seen when Justin has not suffered any inconvenience or consequences for his actions and continues to get special treatment.” " fitially the Justice for James Brumlow was an open group. This group is now closed and there is no way to ‘monitor what information this group is circulating through the community. 2"Well, it looks like KZ106 is running an advertisement for Dead Zero Shooting Park. Please call KZ106 and tell them how disgusted you are about them running an ad for a ‘murderer who has not spent one hour in jl." Alice Shull Ratliffe: “I know this guy and his wife, the doctor personally. They think that they are privileged because of all the money she makes, Jamie, [hope you take every last dollar you and your children deserve it." “I want this lowlife off the streets and behind bars so bad I can’t stand it.” Carlyle Sage: "What a POS loser. [hope he pays dearly and his family sues his ass and gets millions." "Another chance to get the Soddy Daisy Residents out to protest. You can walk on the same side of the street as the business as three feet are easements...do not let the Spencer Police bully you... Iwill be happy to protest.” "We pray that the drunk driver gets @ lengthy prison sentence. Lien his business ASAP, What scum he is...freeze all his assets, he will try sneaky things." Samuel Van Dusen: “[ don't think he should be breathing. I'm all for the death penalty here.” Nichole Kristy: "[Justin] gets to party with all his connections at his shooting range and I hope that I don't see any of my police officer friends there supporting this pile of shit murderer... He shows no remorse and hasn't made one attempt to apologize and even looks at the family with a ‘mean mug before he leaves the court room that is a psychopath." “This should ruin his life that’s fair he took James Brumlow’s life he should rot in jail pathetic use of police power.” Marty Wilson: "They should hang Justin for what he did." “Well. What the hell. He should be in jail now. I'm sorry Jamie, and Dawn. That bastard.”