Can suspended judge Vance Day get a fair trial in Marion County?

Less than a week before he is scheduled to stand trial, suspended judge Vance Day is requesting that his court proceedings be moved out of Marion County.

In a motion filed Friday, Day's attorney cited extensive news coverage of his suspension by the Oregon Supreme Court and criminal charges containing "blatantly prejudicial information" and asked the trial be moved to another county where there has been significantly less news coverage.

Day, his attorney and special prosecutors met Wednesday to argue the question: Could the judge get a fair trial in his home county?

The court's answer: Let's wait and see. Judge Julie Frantz reviewed the pages of news articles and transcripts of radio and television broadcasts. She said the coverage could cause prejudice but there was no evidence as to how many people read and were swayed by the news articles.

Frantz neither denied nor granted the motion for change of venue. She said they could wait for jury selection to determine how strongly people were affected by the coverage.

Several news outlets have covered Day's tumultuous time as a Marion County judge.

More: Supreme Court suspends Judge Vance Day three years for misconduct

More: Judge Vance Day's judicial fitness case goes before Oregon Supreme Court

The Commission on Judicial Fitness and Disability investigated allegations that Day had refused to marry same-sex couples, allowed a felon to handle a firearm, and installed an art display with a portrait of Adolf Hitler at the courthouse.

In 2016, the commission voted unanimously to recommend removing Day from the bench for ethics violations.

Day's out-of-court conduct with Brian Shehan, a former Navy SEAL who participated in the Veteran's Treatment Court that Day presided over, led prosecutors to file criminal charges against him in November 2016.

He was charged with two counts of illegal possession of a firearm by a felon, a Class C felony, for allegedly facilitating Shehan's handling of a gun. Day also was charged with two counts of first-degree official misconduct.

More: Marion County Judge Vance Day indicted on gun, misconduct charges

The Oregon Supreme Court found the commission had proven Day was guilty of six out of eight misconduct charges and ruled he be suspended for three years without pay.

A large chunk of the supreme court's opinion is "critical and prejudicial to the outcome of (Day's) upcoming criminal trial," said his defense attorney Michael De Muniz.

The court found Shehan to be a credible witness and questioned Day's credibility and history of providing false information.

De Muniz also said coverage by the Statesman Journal, Oregonian/OregonLive and several news stations could influence potential jurors. He singled out a piece by the Statesman Journal editorial board as a "call to action to all potential jurors to something the board felt the Supreme Court failed to do, hold the defendant accountable."

"The media coverage was pervasive and blatantly prejudicial," he said.

As a result, he requested the trial be moved to another county where Day could receive a fair and impartial trial.

In her response to the change of venue motion, special prosecutor Stephanie Tuttle argued that Day had contributed to the pre-trial publicity.

He has done multiple interviews with the Oregonian and KATU as well launching a publicity campaign and website to include "spin on his situation."

According to court records, Day paid over $500,000 to a direct digital marketing company, using money donated to his legal defense.

And, Tuttle added, the day after he filed his change of venue motion, Day appeared on former Gov. Mike Huckabee's talk show on the Trinity Broadcasting Network.

"Well, I've got a trial in about nine days," Day told Huckabee, laughing. "My lawyers don't even know I'm here."

During the broadcast, Day spread misinformation about his situation, Tuttle said. He claimed to be facing up to 12 years in prison for the charges against him.

"Although this appears to have had a big impact on his supporters, it is not true," Tuttle said, adding in court:

"He went on that TV show and quite frankly, he lied."

Day faces only probation if he is convicted of the felonies.

Tuttle also accused him of misleading the public in order to raise money and support.

Tuttle took issue with the assertion that the jury pool could be influenced by local news coverage.

"In this day and age, many people do not get their news from these sources," she said.

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth