White defense seeks poll

Taxpayers could have to pay for a poll to help determine whether they can give a man charged with killing three Odessa police officers a fair trial.

Defense attorneys for Larry Neil White have asked Judge Denn Whalen for a change of venue in his death penalty case.

White is charged with three counts of capital murder in connection to the Sept. 8, 2007, shooting deaths of corporals Arlie “Lee” Jones Jr., Scott Gardner and Abel Marquez. He also faces attempted capital murder charges involving three other officers.

According to court documents, defense attorneys Woody Leverett and Raymond Fivecoat have asked the judge to authorize “public opinion polling in order to fairly and accurately assess the need for a transfer of venue.”

Among the reasons the defense gives for a need for the trial to be moved are publicity caused by numerous fund-raisers and memorials that have been held for the officers since the shootings. They say everything from schools raising money to “Fallen Heroes” stickers that are now in place on the bumpers of police cars could potentially influence jurors.

The defense filing includes numerous newspaper stories related to the shootings and their aftermath.

“Finally and most tellingly, in an online public opinion survey conducted by the Odessa American, 87 percent of participants thought the death penalty was the appropriate punishment for the officers’ deaths,” the document read.

Efforts to reach Leverett and Fivecoat were unsuccessful Monday.

When reached, Ector County District Attorney Bobby Bland said it was “not appropriate” for him to comment on the case.

The prosecution did turn in a response statement and a number of affidavits from Ector County residents that claimed White would be able to get a fair trial in Odessa.

“There does not exist so great a prejudice against the defendant in Ector County, Texas, that the said defendant cannot receive a fair and impartial trail,” the statement read.

The prosecution statement also read that there was “no dangerous combination” against the defendant instigated by “influential persons.”

While Whalen has yet to rule on the change of venue request, he did grant a 60-day continuance on the trial, which had been scheduled to start Jan. 11, 2010.

The delay was granted after a defense motion was filed claiming White “has certain health problems which require medical attention which presently prevent him from taking an active role in preparation of his own defense.”