Attorneys for accused Santa Fe High School shooter cite media coverage, Facebook comments as reason for venue change

Dimitrios Pagourtzis faces a life sentence if convicted, and could be eligible for parole in 40 years. Dimitrios Pagourtzis faces a life sentence if convicted, and could be eligible for parole in 40 years. Photo: Galveston County Jail Photo: Galveston County Jail Image 1 of / 18 Caption Close Attorneys for accused Santa Fe High School shooter cite media coverage, Facebook comments as reason for venue change 1 / 18 Back to Gallery

GALVESTON — Attorneys for Dimitrios Pagourtzis, the student accused of killing 10 and wounding 13 during a shooting rampage at Santa Fe High School last May, cited “pervasive” and “factually baseless” media coverage as contributing to a local prejudice that would hinder Pagourtzis’ chances of receiving a fair trial in Galveston County.

In the defense’s arguments for a trial venue change filed Tuesday, Nick Poehl, one of three attorneys representing Pagourtzis, argued that the pretrial publicity of the May 18 shooting and its aftermath has contributed to “intrusive publicity” that has generated feelings within the local community that go beyond the families, friends, and neighbors of the victims.

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Poehl cited comments made by Galveston County Judge Mark Henry in a televised interview on Fox News in which he said he didn’t believe Pagourtzis’ inability to receive the death penalty — he is 18, but was 17 when the shooting occurred — was “fair or just.” Poehl also noted that every law enforcement agency in Galveston County had officers present at the scene of the crime.

A spreadsheet submitted as evidence by Pagourtzis' defense team cites hundreds of news stories since May 18 to underscore his argument that the media attention has stirred biased attention towards the case. One story published by the New York Post, in which Pagourtzis was alleged to have targeted one of the victims because she rejected his romantic advances Poehl said was “false” and generated by the victim’s biological mother “in an apparent attempt to profit via a GoFundMe page connected to the tragedy.”

Poehl argues that another jurisdiction outside of Galveson County would produce an unbiased jury to determine the facts of the case, “and not based upon the juror’s own personal recollections, impact from the events in question, and relationship to family members and friends of any potential witness or victim.”

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Reached by phone Tuesday evening, Poehl was circumspect in his comments on his arguments for a venue change.

“The document speaks for itself and we’re looking forward to having the judge hear it,” Poehl said.

The proliferation of social media attention the case has received is also cited as key evidence by Poehl, including comments made in popular local Facebook forums that threaten his client directly.

One notable comment cited as evidence by the defense was posted on the Facebook page for I45 Now, a local news site covering Clear Lake and Galveston County. A commenter posted, “Hang his ass already. I’ll do it for free, with the help of some strong people to pull the damn rope.”

Another comment the defense submitted was posted on the Facebook page for the TV station KHOU11 underneath a story about Pagourtzis’ request for a venue change: “Okay let’s approve this please, but let the new trial start off in the electric chair. Let him ride the lightning.”

Pagourtzis' defense team filed a motion for a venue change for the upcoming trial on Jan. 8. The prosecutors in the case from the Galveston County District Attorney's office, as well as families of victims from the May 18 shooting, oppose the venue change. The prosecution has not yet filed its argument against a venue change, according to court records.

A status conference in the case will be held Jan. 28 before Judge John Ellisor in the 122nd District Court in Galveston. Poehl said both the defense and prosecution are “playing it by ear” as to whether Ellisor will make a decision on the venue change before or during the status conference, and that Ellisor has “gone back and forth” on just how substantive the hearing would be.

“Now it’s getting to the point where I think [Ellisor] wants to return a little more towards the normal course of business, even though he knows there’s a long way to go on this,” Poehl said.

The upcoming court date will be Pagourtzis’ first court appearance since a grand jury indicted him last Aug. 9 on charges of capital murder and a first-degree felony of aggravated assault on a peace officer. He is not expected to appear in the courtroom but may appear via video conference from Galveston County Jail, where he is being held in solitary confinement.

Pagourtzis faces a life sentence if convicted, and could be eligible for parole in 40 years. A federal investigation into the Santa Fe shooting also is ongoing.

nick.powell@chron.com