No, 2016-1134-C1
IN THE DISTRICT COURT OF 7,
STATE OF TEXAS 8
8
§ McLENNAN COUNTY, TEXAS,
8
SHAWN OAKMAN 8 19th JUDICIAL DISTRICT
MOTION FOR CHANGEOF VENUE
‘TO THE HONORABLE JUDGE OF SAID COURT
‘COMES NOW SHAWN OAKMAN, Defendantin the above-entitled and numbered
cause, and makes and fils this Motion for Change of Venue, and in support thereof shows
the flo
L
“The Defendant is under indictment for the SECOND-DEGREE FELONY offense of
SEXUAL ASSAULT.
1.
‘The Court may order a change of vere if the Court finds that [that there exits in
the county where the prosecution is commenced so great a prejudice against him that he
cannot obtain a fair and impartial tial.” Tex. Cope CRIM. PROC. art. 31.03@)(). A
dlefendant’s motion for change of venue must be supported by the affidavit ofthe defendant
as wells at least two credible residents ofthe county where the indictment is pending,
m
Altionally, the Court ay order change of vente on its owen motion if “the ge
presiding shall be satisfied thata trial, alike fairand impartial to the accused and to the State,
Motion for Change of Venue Page 1cant from any cause, be had inthe county in which the ease pening,” Id art. 31.0
W.
Defendant conten that a change of venue is required in his case because of the
substantial publicity and media coverage (news media and socal media) that has been
devoted tothe Baylor University footbal/ sexual abuse scandal that erupted in May 2016
with the fing of Baylor Coach At Briles—a month afer Defendant (a former Baylor
football player) was arrested on the changes that serve asthe basis forthe indictment and
has continued to this day with ongoing medi coverage of pending chi Itgation related to
the Baylor scandal
‘The substantial publicity regarding the Baylor sandal has recently been exacerbated
by the publicy and med.a coverage (news media anc social medi) that has been devoted
to the plea bargain and sentencing of Jacob W. Anderson in this Court in Cause No, 2016
766.C1 where the Cocrt sltimately granted Me. Anderson deferred adjudication
community sipervision an December 10,2018. As reported, the Court, ts staff and the
prosecutors wete swamp for weeks with innumerable, hostile and threatening telephone
calls and emails. And thetoxic environment created by the Anderson case caused the Court
to postpone a chill sexs abuse trial schedled a week later because ofconcers of selecting
an unbiased and impartial jury. The publicity surrounding the Anderson case has
particularly exacerbated the ongoing publicity regarding the Baylor scandal because of
Anderson's status as a Baylor student and fraternity president atthe time of his offense.
Motion for Change of Venue Page 2v.
Defendant suppots this motion with his own afidavit (Exhibit A) as well as the
aifidavitsof Mark Moris, Will Conrad and Guy Cox (Exhibits 8, Cand D), who are credible
residents of McLennan County. Defendant incorporates these Exhibits by reference
vi
“The Court mus cange vente because the publicity surrounding the Baylor scandal
and exacerbated by the Anderson case has created so great a prejudice against Defendant
that he cannot obtain a firand impartial trial in MeLennan County
Alteratively, the Court should sua sponte order a change of venue because “a tia,
alike firand impartial tothe accused and tothe Stat,” cannot be had in McLennan County
for the same reasons
WHEREFORE, Defendant prays the Coust grant this Motion for Change of Venue,
onder a change of vente on the Court's own motion, an grant such other rele to which
Defendant may show himself justly entitled
Motion for Change of Venue Page 3