COMMONWEALTH OF KENTUCKY McCRACKEN CIRCUIT COURT DIVISION I No. 14 CR V. DEFENDANT S MOTION FOR A CHANGE OF VENUE (Order Attached) * * * * *

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1 V. DEFENDANT S MOTION FOR A CHANGE OF VENUE (Order Attached) DEFENDANTS COMES NOW the defendant, by counsel, Michael J. Bufkin and Chris McNeil pursuant to KRS and KRS (2), Section Eleven of the Kentucky Constitution and the Sixth and Fourteenth Amendments to the United States Constitution and respectfully petitions this Honorable Court to order a change of venue in the trial of the above matter from McCracken County to another county in this state. The Defendant urges the Court to move this trial to Bowling Green, Warren County or Glasgow, Barren County. As grounds for this motion, the Defendant offers the following: 1. The Defendant has been charged with the First Degree Murder of his wife, Arson 1 st and two counts of Animal Crueltry. The Commonwealth seeks the death penalty. 2. This case has received an enormous amount of publicity from area newspapers and television stations dating back to January Every time the Defendant has appeared in Court there has been news coverage; almost always front page. 3. Media coverage of this case has been extensive and includes at least thirty-seven articles in the Paducah Sun alone. See, attachments Articles include quotes such as, according to reports from the media, the majority of the jury was in favor of a guilty verdict. See, attachment 3. A headline reads, Jury voted 8-4 to convict Griffith in trial. See,

2 attachment 7. While on the witness stand, Griffith told the jury he lied to cover up his double life. See, attachment 9. Another headline announces, Mistrial in Griffith case. See, attachment 8. In several articles it is made clear that Mr. Griffith is being held in jail on a 1 million dollar bond. 4. In addition to the plethora of print media generated, this case has been the subject of very extensive television news coverage beyond anything defense has seen before. Defense counsel is in receipt of three (3) DVD s containing 240 stories about this case shown on local television, WPSD. An employee of the station informed Defense Counsel that the stories have been repeated on the air and that as a result, stories about this case have been shown to the viewing public over 400 times. 5. In certain cases, the Courts have presumed that a fair trial is impossible due to the pervasive nature of media coverage. Estes v. Texas, 381 U.S. 532 (1965) and Rideau v. Louisiana, 373 U.S. 723, (1963). 6. If the Court does not find that the media coverage has been sufficiently pervasive to justify holding that a trial could not be objective and would be presumptively unfair, a change of venue may still be required to allow for a Fair Trial. This is especially true given that Mr. Griffith has already been tried and once by the same jury pool and the same media pool. Transfer of venue is an appropriate measure if the Court finds a nexus between pretrial publicity and the jury panel, which would undermine the Defendant s Right to a Fair Trial. Murphy v. Florida, 421 U.S. 794 (1975). 7. Clearly, as evidenced above by the continuous pretrial publicity since January 2014, the community s knowledge of the Defendant and familiarity with the victim, a Fair Trial is not possible in this judicial circuit.

3 WHEREFORE for the foregoing reasons, the defendant respectfully prays for entry of the attached order. Respectfully Submitted, Michael J. Bufkin Asst. Public Advocate 207 Parker Drive, Suite B LaGrange, KY (502) (office) (502) (fax) J. Chris McNeill Directing Attorney Department of Public Advocacy 400 Park Avenue Office (270) Fax (270) COUNSEL FOR DEFENDANT NOTICE MICHAEL J. BUFKIN, for: Please take notice that the foregoing Motion will be brought before the McCracken Circuit Court, on the day of December 2015 at the hour of a.m./p.m., or as soon thereafter as counsel may be heard. Certificate of Service This is to certify that true and correct copies of the foregoing motion and attached order were hand-delivered, mailed, ed and/or faxed this day of December 2015 to the following:

4 Tim Kaltenbach Judge, McCracken Circuit Court 301 S. 6 th Street Dan Boaz Commonwealth s Attorney 301 S. 6 th Street Kim Channell Circuit Court Clerk 301 S. 6 th Street J. Chris McNeill

5 V. VERIFICATION DEFENDANTS I,, the defendant in the above action, have read the foregoing Petition for a Change of Venue. I understand its contents and agree that they are accurate. I agree with its contents. Subscribed and sworn to before me by on this the day of Notary Public, State at Large My Commission Expires:.

6 V. AFFIDAVIT DEFENDANT The Affiant states that: I am acquainted with the state of public opinion in McCracken County, Kentucky; I am not kin to or counsel for the defendant; I verily believe the statements of the Defendant s Motion for a Change of Venue are true; and I do not believe that KEITH WAY GRIFFITH can receive a Fair Trial in McCracken County based upon the publicity and public opinion relating to the case. Affiant Subscribed and sworn to before me by the above-named Affiant on this the day of Notary Public, State at Large My Commission Expires:.

7 V. AFFIDAVIT DEFENDANT The Affiant states that: I am acquainted with the state of public opinion in McCracken County, Kentucky; I am not kin to or counsel for the defendant; I verily believe the statements of the Defendant s Motion for a Change of Venue are true; and I do not believe that KEITH WAY GRIFFITH can receive a Fair Trial in McCracken County based upon the publicity and public opinion relating to the case. Affiant Subscribed and sworn to before me by the above-named Affiant on this the day of Notary Public, State at Large My Commission Expires:.

8 V. ORDER FOR CHANGE OF VENUE DEFENDANTS Motion having been made and the Court being sufficiently advised; IT IS HEREBY ORDERED that venue in the above shall be moved from McCracken County to:. IT IS SO ORDERED on this the day of Distribution: Michael J. Bufkin Asst. Public Advocate 207 Parker Drive, Suite B LaGrange, KY J. Chris McNeill Directing Attorney Department of Public Advocacy 400 Park Avenue Dan Boaz Commonwealth s Attorney 301 S. 6 th Street HON. TIM KALTENBACH JUDGE,