On the eve of opening arguments in the trial of Michael Slager, attorneys for the former officer made their final push to have the proceedings moved from Charleston County. In doing so, lead defense attorney Andy Savage called into question the modern dissemination of news, called a Post and Courier reporter to the stand, and eventually took to the stand himself to testify. The motion for a change of venue was just one of many taken up by the court Wednesday afternoon during one of the most bizarre hearings of the trial.
The defense’s first setback came when Circuit Court Judge Clifton Newman denied a motion to dismiss Slager’s murder indictment on the grounds that simultaneous state and federal cases against the man charged with the death of Walter Scott violated Slager’s right to due process, the rules of double jeopardy, and amounted to cruel and unusual punishment. Arguing that the same prosecution was occurring at the federal courthouse across the street, attorney Miller Shealy spoke for the defense, saying that while there may be nothing wrong with state and federal agencies cooperating in an investigation, both parties must decide upon a single court in which to try a defendant.
Moving on to the defense’s request for a change of venue, Savage asked that the trial be relocated to an area with the least amount of incomplete, incorrect media coverage. Recommending other counties in South Carolina that may offer his client a better chance for a fair trial, Savage suggested Pickens, Union, Edgefield, and Marion for starters. According to the defense, the high level of media exposure surrounding the death of Walter Scott serves as one of the major challenges they face during the trial.
Attorneys stated Wednesday that of the almost 190 potential jurors that reported to the Charleston courthouse Monday morning for jury selection, all of them were aware of the case involving Slager and approximately 95 percent had seen the eyewitness video showing the former officer shoot Scott as he fled. Slager claims that during a physical confrontation with Scott following a traffic stop, his Taser was wrestled away and pointed at him. Savage argues that the widely circulated version of the video fails to tell the whole story — as did the media during the weeks following its release.
To bolster his argument, Savage then called a witness said to be an expert in the field of media coverage and exposure. After discussing the extensive coverage of the death of Walter Scott by local media outlets, the witness explained that this exposure is compounded by national outlets and dissemination on social media platforms. During cross examination, the prosecution was quick to point out that media saturation is a nationwide occurrence and even the communities listed by the defense — Pickens, Union, Edgefield, and Marion — do not fall beyond the reach of Facebook and the internet.
It was at this point that the defense called Post and Courier reporter Andrew Knapp to the stand. Knapp, who has covered the case of Michael Slager extensively and whose name has never been far from Savage’s lips during recent hearings, was made aware that he’d been subpoenaed only moments before he was called to the stand. As Knapp and attorneys for both sides gathered at the front of the courtroom to discuss the situation, Judge Newman called a brief recess. Once court resumed, it was made clear that the defense was no longer insisting that Knapp take the stand after the request was challenged. But during a day not yet done with surprises, Savage would testify in his place.
Questioned by his own co-counsel, Savage was sworn in and made it clear that he only wished to discuss the media’s role in the trial and the months leading up to it. Savage said the point of the defense’s current argument wasn’t to blame the media or the court. Instead, he claims that the public was inundated with information following Scott’s shooting. The coverage wasn’t incorrect, just incomplete, Savage said before leaving the witness stand and returning to his seat at the defense table.
But the defense’s argument wasn’t enough. The court had already decided upon 12 jurors and six alternates who promised that they could view the trial with fair and impartial eyes. The trial remains in Charleston — and opening arguments are set to begin.
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