Fuhrman Defense Adjournment

Case 2019CF000695 Document 190 Filed 05-25-2022 Page 1 of 4
FILED
05-25-2022
Clerk of Circuit Court
STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY
Winnebago County, WI
BRANCH VI
2019CF000695
STATE OF WISCONSIN,
Plaintiff,
v. Case No.: 19 CF 695
GRANT FUHRMAN,
Defendant.
DEFENDANT’S EMERGENCY MOTION FOR CONTINUANCE
To: Assistant District Attorney Tracy Paider

Winnebago County District Attorney’s Office
448 Algoma Blvd #200
Oshkosh, WI 54901
[email protected]
NOTICE OF MOTION
COMES NOW Grant Fuhrman, Defendant, appearing specially by Attorney Timothy J.
Casper of MURPHY DESMOND, LLC and Attorney Corey G. Mehlos of MEHLOS LAW
GROUP, LLC, and reserving the right to challenge the Court’s jurisdiction, will move the
Winnebago County Circuit Court, Branch VI, before the Honorable Daniel Bissett, presiding judge,
at a time to be set by the Court, if desired, for Mr. Fuhrman’s Motion for Adjournment.
MOTION
THIS MOTION is brought on the grounds that this case must be continued from its present
trial setting of May 31, 2022 pursuant to the Due Process Clause of the United States Constitution
in that the school shooting in Uvalde, TX on May 24, 2022 is an outside influence that prevents
Grant Fuhrman from receiving a trial from an impartial jury at this time.
1. On May 24, 2022, an individual confronted a school resource officer in Uvalde, TX and
subsequently killed 19 children and 2 adults by shooting them with a gun. This event is
on the front page of every newspaper in the country on May 25, 2022.
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2. As the court is aware, this case involves a physical altercation in a school on the school
resource officer and involves the use of a firearm.
3. The case in Uvalde, TX will be on every venireman’s mind during the jury selection on
May 31, 2022.
4. “ Due process requires that the accused receive a trial by an impartial jury free from
outside influences. Given the pervasiveness of modern communications and the
difficulty of effacing prejudicial publicity from the minds of the jurors, the trial courts
must take strong measures to ensure that the balance is never weighed against the
accused. And appellate tribunals have the duty to make an independent evaluation of the
circumstances. Of course, there is nothing that proscribes the press from reporting events
that transpire in the courtroom. But where there is a reasonable likelihood that
prejudicial news prior to trial will prevent a fair trial, the judge should continue the case
until the threat abates, or transfer it to another county not so permeated with publicity.”
(emphasis added) Sheppard v. Mitchell, 384 U.S. 333, 362-363, 86 S.Ct. 1507 (1966)
Hence, the school shooting in Uvalde, TX is an outside influence. That outside influence
is extrinsic to the facts of this case yet central to the backdrop from which jurors have
been inundated as this case commences. Modern communication is even more pervasive
than existed in 1966, which will create even more prejudicial news being disseminated
about shooting in schools. This case must be continued.
5. This same standard has been adopted and commented upon in Wisconsin in State v.
Kramer, 45 Wis 2d 20, 29-30. 171 N.W.2d 919 (1969).
6. The length of time between the outside influence and the trial is critical. Here that time
frame is mere days. “In determining whether presumed prejudice existed, the Skilling
Court also found it relevant that four years had elapsed between Enron’s collapse and
Skilling’s trial. 130 S. Ct. at 2916. Whereas, in Rideau, where the Court found
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presumed prejudice, the trial “swiftly followed a widely reported crime.” Id. (emphasis
added). In this case, trial is set to begin on November 1, 2010, which is more than eight
years after Elizabeth Smart was kidnaped and more than seven years after Defendant
was arrested. Defendant, however, argues that even a lengthy delay can be prejudicial if
members of the potential jury pool have already made up their minds about the guilt or
innocence of the defendant. This argument, however, is not supported by case law which
routinely refers to continuances as a remedial measure. In Sheppard v. Maxwell, 384
U.S. 333, 86 S. Ct. 1507, 16 L. Ed. 2d 600 (1966), the Supreme Court explained that
“where there is a reasonable likelihood that prejudicial news prior to trial will
prevent a fair trial, the judge should continue the case until the threat abates, or
transfer it to another county not so permeated with publicity.” Id. at 363 (emphasis
added); see also 130 S. Ct. at 2917 (when co-defendant entered a well-publicized guilty
plea shortly before trial, court appropriately “delayed the proceedings by two weeks”)’
U.S. v. Mitchell, 752 F. Supp. 1216, 1223-1224, (D.C. Utah, 2010). This Court
analyzed the time frame in the Rideau case, where the court presumed prejudice, as
crucial because the trial “swiftly followed a widely reported crime.” This trial would
follow the Uvalde school shooting by mere days.
7. This same analysis is further bolstered in Skilling v. U.S., 561 U.S. 358, 383, 130 S. Ct.
2896 (2010):
Third, unlike cases in which trial swiftly followed a widely reported
crime, e.g., Rideau, 373 U.S., at 724, 83 S. CT. 1417, 10 L. Ed.
2d 663, over four years elapsed between Enron’s Bankruptcy and
Skilling’s trial. Although reporters covered Enron-Related news
throughout this period, the decibel level of media attention diminished
somewhat in the years following Enron’s collapse. See App. 700a; id.,
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at 785a; Yount, 467 U.S., at 1032, 1034. 104 S. Ct. 2885, 81 L. Ed.
2d 847.”
8. The media coverage is not merely harmless; rather fresh images of the images of now-
deceased children, heart-broken parents collapsing into the arms of family members, and
crime scene tape enveloping a school setting is “the kind of vivid, unforgettable
information we have recognized as particularly likely to produce prejudice.” 384.
This case should be continued until the decibel level regarding school shooting has been
diminished. Skilling v. U.S., 561 U.S. 358, 383.
WHEREFORE, Defendant Grant Fuhrman respectfully requests continuance of this case and
that the Court hear this matter as soon as possible.
Dated this 25th of May, 2022.
Respectfully submitted,
MURPHY DESMOND, LLC
Electronically signed by
/s/ Timothy J. Casper

___________________
Corey G. Mehlos
Attorney for Defendant
State Bar No. 1012944
Dictated by Timothy J. Casper

c/o MEHLOS LAW GROUP, LLC
Suite 400
811 East Washington Avenue
Madison, WI 53703
Telephone: (608) 470-5222
Facsimile: (608) 949-6001
Email: [email protected]
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Case 2019CF000695 Document 190 Filed 05-25-2022 Page 1 of 4

v. Case No.: 19 CF 695

DEFENDANT’S EMERGENCY MOTION FOR CONTINUANCE

To: Assistant District Attorney Tracy Paider

COMES NOW Grant Fuhrman, Defendant, appearing specially by Attorney Timothy J.

resource officer and involves the use of a firearm.

May 31, 2022.

outside influences. Given the pervasiveness of modern communications and the

about shooting in schools. This case must be continued.

Kramer, 45 Wis 2d 20, 29-30. 171 N.W.2d 919 (1969).

routinely refers to continuances as a remedial measure. In Sheppard v. Maxwell, 384

follow the Uvalde school shooting by mere days.

Third, unlike cases in which trial swiftly followed a widely reported

crime, e.g., Rideau, 373 U.S., at 724, 83 S. CT. 1417, 10 L. Ed.

2d 663, over four years elapsed between Enron’s Bankruptcy and

Skilling’s trial. Although reporters covered Enron-Related news

throughout this period, the decibel level of media attention diminished

information we have recognized as particularly likely to produce prejudice.” 384.

diminished. Skilling v. U.S., 561 U.S. 358, 383.

that the Court hear this matter as soon as possible.

Dated this 25th of May, 2022.

/s/ Timothy J. Casper

Dictated by Timothy J. Casper

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