The trial of Sean Grayson, who is charged with first-degree murder in the July 6 death of Sonya Massey, needs to be moved outside Sangamon County because pretrial publicity would bias potential jurors, Grayson’s attorneys argued in court documents filed Feb. 26.
“The print and electronic news media coverage relating to the death of Sonya Massey has been extensive nationally and worldwide, but especially in the local community,” Springfield defense attorneys Daniel Fultz and Mark Wykoff wrote in the request to Circuit Judge Ryan Cadagin.
The case “has subjected Sangamon County to unprecedented media attention from local, regional, national and world news sources,” according to the filing. “There also have been extensive community comments surrounding this case. Virtually everyone is aware of and has an opinion on the matter and has discussed the case with fellow community members.”
In this “emotionally charged atmosphere, it is reasonable to conclude that the community’s widespread engagement has made it virtually impossible to empanel a fair and impartial jury in Sangamon County,” Grayson’s attorneys wrote in their motion.
It’s unknown when Cadagin will rule on the change of venue request, or where in Illinois Grayson’s trial would be held if the request is granted. A firm start date for Grayson’s trial hasn’t been set and is at least several months away.
If the trial were moved to another county, jurors would be chosen from residents of that county. Cadigan, who has thus far denied news media requests for cameras in the courtroom during proceedings on the case, would remain the judge, and the prosecuting and defense lawyers wouldn’t change.
Grayson, 30, a white Riverton resident and former Sangamon County sheriff’s deputy, is shown on police body-worn video shooting Massey, a 36-year-old Black woman, in the face in her Woodside Township home at about 1:30 a.m. July 6.
He has pleaded not guilty to charges of murder, official misconduct and aggravated battery with a firearm.
Grayson and another Sangamon County deputy were dispatched to Massey’s home after she called 911 and said she suspected a prowler in her neighborhood in unincorporated Woodside Township, a few blocks outside of one of Springfield’s southern borders.
The killing of Massey kindled a firestorm of debate locally and nationally about police brutality locally and nationally.
Massey, who reportedly was dealing with schizophrenia and paranoia, stood 5 feet 1 inches tall and weighed about 110 pounds. She was unarmed and in her nightgown in the kitchen of her one-story home when she was shot by Grayson, who stood 6 feet 3 inches tall and weighed about 230 pounds.
The viral bodycam video showed Grayson using profanities and saying he feared that Massey might splash boiling water on him a few seconds before he fired three shots at her.
In apparent response to Grayson’s impression that she intended to harm him with the hot water, Massey says, “I rebuke you in the name of Jesus,” shortly before Grayson fires.
One of the bullets from Grayson’s gun hit Massey in the face, causing a fatal injury.
The death of Massey, a single mother of two teenagers, is spoken about by members of the Black Lives Matter movement in the same breath with other high-profile deaths of Black people at the hands of police, such as George Floyd, Breonna Taylor, Laquan McDonald and Michael Brown.
The Massey case led to the retirement of former sheriff Jack Campbell amid public criticism that the Republican office holder missed or overlooked several “red flags” in Grayson’s past. Those red flags included two prior DUI convictions and allegations of unethical behavior when Grayson worked as an officer at the Logan County Sheriff’s Department and Kincaid Police Department.
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The case led to the formation of the citizen-led Massey Commission, which is studying ways of improving local policing and making recommendations to policymakers in Sangamon County and statewide.
Grayson’s attorneys noted that he is a lifelong resident of Sangamon County, graduated from North Mac High School in Virden and served in law enforcement in both Virden and Pawnee, among other agencies.
“Both Sonya Massey and Sean Grayson are well known throughout Sangamon County as a result of this incident,” the attorneys wrote.
Community awareness of the case is reflected in a GoFundMe account titled, “Justice for Sonya Massey,” that was created by Massey’s father, James Wilburn, and has raised more than $528,000, Grayson’s attorneys said.
The Jefferson Bridge in Springfield is scheduled to be renamed the Massey Memorial Bridge and is the site of a mural of Massey and the slogan, “Say Her Name,” the attorneys said.
The attorneys’ filing said publicity about the case also has included the Sangamon County Board’s recent approval of a $10 million settlement with the Massey family before a wrongful death lawsuit had ever been filed, and a Wikipedia page titled, “Killing of Sonya Massey.”
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“Sangamon County is a relatively small, closely knit community,” the filing said, “and the circumstances surrounding this case have led to an overwhelming and emotional response from its residents, many of whom have participated in a number of public protests, marches or other public expressions of support for Sonya Massey.”
The filing added: “The Sangamon County community has clearly taken a stance on the question of Defendant Grayson’s guilt. The only way to overcome the extensive coverage and community knowledge of inadmissible information in this case is to transfer it to a county where exposure to such coverage has been limited.”
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This article appears in The state of the state.
I would guess that a change of venue is imminent in this case. Probably several counties away from Sangamon Co.