In an unusual move, the city of Portland has asked a federal judge to transfer the trial over the death of James P. Chasse Jr. out of state, saying potential jurors in Portland and the Willamette Valley have been tainted by "inflammatory and pervasive media coverage."

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Portland argued in documents filed in U.S. District Court that the trial should be moved to Seattle, Tacoma or Boise. James Rice, deputy city attorney, argues that

-- the only other U.S. District Court in the state capable of allowing witnesses to testify by video -- is also not suitable, citing its proximity to Portland.

"This unrelenting judgmental coverage of Chasse's death in the media over the last three years has inflamed the community against the police and tainted the potential jury pool," Rice wrote in a 16-page legal memo filed in court this week. "The city can't get a fair and impartial jury anywhere in Oregon that has the capability to handle this trial."

Legal experts say a judge has some discretion. "The standard is whether it's convenient for the parties and the witnesses, and whether it's in the interest of justice," said Juliet Stumpf, associate professor of law who teaches civil procedure at Lewis & Clark Law School.

The city requested oral arguments before U.S. District Judge Garr M. King. Tom Steenson, the Chasse family attorney, did not return calls, but has until Feb. 1 to file a response. A trial is set for June 1.

Some who've followed the Chasse case say they're disturbed by the city's request. "I think it's preposterous, unprecedented and an undue burden. This happened here in Portland; it should be tried here in Portland," said Jason Renaud, a friend of Chasse's who is a volunteer with the Mental Health Association of Portland and is running for a City Council seat.

Chasse, 42, who had schizophrenia, died in police custody Sept. 17, 2006. An autopsy by the state medical examiner showed he died of broad-based blunt-force trauma to the chest. Police say they saw him acting oddly and possibly urinating in the street in the Pearl District, and when they approached, he ran. Police chased Chasse, knocked him to the ground and struggled to take him into custody.

Paramedics called to the scene said Chasse's vital signs were normal, but jail medical staff refused to book him. Chasse died as police were driving him to a hospital.

The federal lawsuit contends police used excessive force and failed to provide adequate medical care to Chasse. The motion for a change of venue includes defendants Chief Rosie Sizer, former Mayor Tom Potter,

, Officer Christopher Humphreys and Sgt. Kyle Nice.

Rice urges the court to put the "interest of justice" above any inconveniences the move would cause to parties in the lawsuit or witnesses. Further, Rice blames Steenson for creating a "media climate" that makes it impossible for the city to get a fair trial.

"To a large extent, plaintiff's attorney has created this situation," Rice wrote.

Rice submitted to the court print stories, editorials and letters to the editor from The Mercury, Portland Tribune and The Oregonian, as well as online comments and TV coverage, and a DVD of a teaser to a movie being filmed about Chasse called "Alien Boy."

He wrote that stories, opinion pieces and letters referred to police as "goons" and "thugs," commentators described police as "beating" Chasse to death and articles addressed Humphreys' past use-of-force cases that wouldn't be admissible in trial. The city hired a legal video specialist to compile the Internet media coverage of Chasse's death for court review.

Roy Silberstein, president of the Mental Health Association of Portland, on Tuesday vowed to keep the spotlight on the case. His agency is helping make a documentary film about Chasse, expected to be released after trial. "Whether Chasse v. Humphreys happens at the federal courthouse in Portland or on the steps of Bhutan," Silberstein said, "we'll be there with cameras rolling."

The city cited the federal trial of former Enron executive Jeffery Skilling, who unsuccessfully argued that he was a victim of vast community bias and his federal trial in Houston should have been moved. The appellate court, though, said the District Court's jury selection, "more than mitigated" any prejudice from community bias. Skilling is appealing to the U.S. Supreme Court.

Judges can fashion an extensive jury selection to help avoid biased jurors, attorneys say. In the Chasse case, the judge has already raised the idea of scheduling jury selection earlier, submitting written questionnaires to jurors, or questioning potential jurors one by one.

Usually, courts don't decide on venue changes until after the voir dire examination of jurors. But Rice asks this court to "not rely heavily on precedent" but to make a decision much earlier because of the case's complexity.

Stumpf said a change of venue is usually sought by a defendant to make the trial more convenient for witnesses and parties to the case. "But it can be a tool to increase the costs and inconvenience to the plaintiffs," she said.

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