Former Fort Worth police officer Aaron Dean has once again asked to move his trial out of Tarrant County, arguing noteworthy locals have aligned against him and seek to make the trial a “racial issue.”
Dean is on trial for the on-duty killing of Atatiana Jefferson, whom he shot through the window of her own home in the early hours of Oct. 12, 2019. Dean resigned from the police force and was indicted for murder.
In a motion submitted Tuesday afternoon, Dean’s defense team argued that he can’t get a fair trial in Tarrant County because influential officials — like former Fort Worth Mayor Betsy Price, former Fort Worth Police Chief Ed Kraus and District Attorney Sharen Wilson — poisoned the well of public opinion against Dean after the shooting.
“The comments of these persons expressed their opinion that Mr. Dean is guilty of murder and that there is no justification for the act of Mr. Dean,” the defense team wrote.
The court filing points to statements these officials made to the press, like Kraus saying that Dean had no justification to shoot Jefferson.
Those comments came while the defense team was under a gag order, meaning they weren’t allowed to talk to the media to refute the claims, the motion states.
The defense also argued that other influential people, like local NAACP leaders, and the media "seek to make a racial issue of the Dean trial.” Dean is white, and Jefferson was Black. Locally, her name is often invoked alongside other Black Americans killed by police in recent years, like Botham Jean and George Floyd.
“Mr. Dean is entitled to have his trial moved to a venue that can provide him a fair and impartial trial,” the motion states.
This is the second time Dean’s defense team has asked for a change of venue in this much-delayed murder trial.
The defense argued earlier this year that Dean couldn’t get a fair trial in Tarrant County because of all the media attention on the case. Judge David Hagerman of the 297th District Court denied that request and decided to hold the trial in Tarrant County.
Dean’s defense team then got Hagerman kicked off the case, accusing him of hostility and bias.
Now a new judge is running the trial: 396th District Court Judge George Gallagher. On Wednesday Gallagher started pretrial hearings, during which the defense and prosecution will go back and forth on requests for the upcoming trial, like the change of venue motion.
Prosecutors on Wednesday said they didn’t receive the motion until the morning of the hearing, giving them no time to prepare a response.
“We feel that this has been an ambush from the defense,” prosecutor Dale Smith said.
The judge granted them an hour recess to go over the motion on Wednesday morning.
Jury selection is scheduled to begin Nov. 28, with the trial date set for Dec. 5.
Gallagher indicated he wanted to stick to that schedule if possible.
Pretrial hearings are scheduled to continue through Friday. The defense team wants former mayor Price and former police chief Kraus to testify on Thursday.
Got a tip? Email Miranda Suarez at msuarez@kera.org. You can follow Miranda on Twitter @MirandaRSuarez.
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