Judge defers ruling on relocating Chester Brown’s trial

Retired Circuit Court Judge Dennis Lee Hupp deferred ruling on a motion Monday to relocate Chester Brown’s two upcoming jury trials from Rappahannock County to a different venue after a jury could not be selected for his first trial on Feb. 15. 

Brown, 63, of Washington is facing three felony firearm charges in connection with an alleged theft of a firearm owned by Doris Critzer, who was murdered in her Washington home last August.

In the motion, Brown’s lawyer Joseph Pricone requested a change of venue to ensure Brown had access to a fair trial, arguing that an article, “Who Murdered Doris Critzer?” published in the Rappahannock News presented “the exact evidence that the Commonwealth seeks to advance in their case-in-chief.” Pricone argued that the “evidence” rendered them unable to “remain impartial as a result of the article.”

Pricone told Judge Designate Hupp in court, “I would argue that the story is prejudicial to my client.” 

Commonwealth’s Attorney Art Goff refuted the claim that “pretrial publicity” caused the continuance, saying the claim may be “in part” true. He argued that only two jurors were struck at the February jury selection because of pretrial publicity. Goff said two other potential jurors were struck because one was a constitutional officer and the other, a county supervisor. In the end, there were not the required 20 jurors remaining in the pool to proceed with the trial.

Hupp said in his 32 years on the bench, he has never required a change of venue, and a jury has always been able to be selected.

“I certainly understand the reason for your motion…[but] only two jurors were excused due to pretrial publicity,” Hupp told Pricone. “I realize you’re going to run into jurors who have read the newspaper…if they say they can be impartial, at least that’s sufficient to get past a motion to strike.”

The judge said he was not denying the motion, but deferring it until “another stab at getting a jury” is made. He said Pricone could file the motion again if a jury cannot be selected at the next jury trial, which is scheduled for March 21.

On that date, Brown will stand trial on two felony charges–firearm larceny and possession of a firearm while under a protective order. At the same time, his remaining charge of nonviolent felony possession of a firearm within 10 years–which was the subject of his continued February trial– will be “revisited,” said the judge. 

“I think we ought to try one more time before we change [the venue]” Hupp said. 

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