Francisco A. Mendez, the man accused of killing Washburn University football player Dwane Simmons and injuring New York Giants cornerback Corey Ballentine in a senseless and seemingly random shooting in Topeka, Kansas on April 28, 2019, is seeking to have his trial moved.
KiAnn Caprice, the attorney representing “Franky,” filed a motion last week to have the trial moved out of Shawnee County District Court, claiming Mendez is unable to get a fair trial due to the overwhelming amount of media coverage.
“Mendez cannot possibly receive a fair trial in Shawnee County,” Caprice wrote in a motion filed on January 6, which was published by The Topeka-Capital Journal. “Such prejudice exists in the community . . . that it is reasonably certain he cannot receive a fair trial.”
In her motion, Caprice also claimed that public officials have disseminated so much information that most defense details have become publicly known, creating a “prejudiced a potential jury beyond repair.” She also decried some of the charges facing Mendez, claiming they are “some of the most severe we have in Kansas.”
“The factors highlighted illustrate such a great prejudice against the Defendant that he cannot possibly receive a fair trial in Shawnee County,” Caprice added. “The court must transfer the trial to a different venue.”
Mendez’ charges include include first-degree murder, three counts of attempted murder and seven counts of aggravated robbery stemming from two separate but nearby incidents.
A ruling has not been made on the motion to move the trial.
Simmons died at the scene of the shooting, while Ballentine suffered a gunshot wound to his buttocks. He went on to play for the Giants this season with the bullet still lodged in his body.
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