NASSAU COUNTY, Fla — UPDATE: Judge James Daniel denied the defense's motion for a move of venue in Patrick McDowell's death penalty trial on Tuesday, according to court records.
Daniel said in newly obtained court records that the motion was denied, but efforts could resume if a jury selection is unsuccessful.
Efforts by the defense "do not convince the court that a venue change is necessary before attempting to seat a jury in Nassau County," Daniels wrote.
Jury selection is set for April 5.
No decision was made in a Nassau County courtroom on Monday regarding a motion filed by the defense for Patrick McDowell, the man who pleaded guilty to fatally shooting Nassau County Sheriff's Deputy Joshua Moyers during a 2021 traffic stop.
The defense's motion called for a move of venue in McDowell's death penalty trial, citing issues finding an unbiased jury.
On Monday, a defense attorney argued that a fair jury in Nassau County could not be selected because local media coverage and prior knowledge of the case had tainted the public's opinion of McDowell and would impact his right to a fair trial.
The defense used data obtained through a public opinion survey, which surveyed 200 potential jurors in Nassau County, to argue for a move of venue.
A trial consultant who conducted the survey said the main purpose was to identify the number of people in the jury pool who know about the case, have a bias towards the defendant and have specific knowledge about the case that could have a prejudicial impact on a potential sentence.
Of those who answered that they knew about the case, 83% believed McDowell was guilty of murder.
Additionally, 50% answered that McDowell should get the death penalty when compared to only 23% who supported a life sentence.
"Media exposure develops case-specific knowledge, case-specific knowledge is tied to impressions of the defendant and those impressions are tied to views used towards the appropriate sentence in this case," said Bryan Edelman, a trial consultant who conducted the survey.
Edelman said he believes there is a "high risk" that McDowell's fair trial rights were undermined after reviewing survey results.
"Our survey underscores the fact that there are a large percentage of persons in this county that have a fixed opinion that Patrick McDowell should receive the death penalty, and I think more importantly, that a large number of persons believe that Mr. McDowell would have a difficult time, an uphill battle, that he should receive life without patrol," McDowell's attorney said.
The state argued the survey is not viable to decide on a move of venue.
"I believe this type of survey is flawed, particularly when it's only 200 prospective jurors in a county that is far more populous than just a couple hundred people," said a state prosecutor.
The state argued that the motion for a change of venue should only be considered if jury selection is unsuccessful.
"Throughout the course of that process, if the defense asked the court to reconsider the change of venue motion because it's becoming apparent that we cannot select the required number of jurors and alternates to try this case, then that is the appropriate time for the court to take up this motion," a state prosecutor said.