“For these reasons, Mr. Joseph requests that this court reverse the judgment of the trial court and remand for a new trial in an impartial venue,” R. Jessica Manungo argues in court records. Manungo is handling the appeal. Terry Hart was Joseph’s attorney in last year’s trial.
Jurors in Clark County Common Pleas Court found Joseph guilty in May of first-degree felony involuntary manslaughter and fourth-degree felony vehicular homicide.
The charges came after an Aug. 22 crash involving Joseph’s 2010 Honda Odyssey, which went left of center on Ohio 41, striking a Northwestern school bus. One student, Aiden Clark, 11, died after he was ejected from the bus, which overturned.
It was the first day of school for Northwestern Elementary School students and 52 elementary school students and a driver were aboard the bus. Several were injured.
Joseph was sentenced to a prison term of nine to 13.5 years.
During the trial, Joseph, a Haitian immigrant, testified he has a Mexican driver’s license and Ohio ID card, but no Ohio driver’s license.
Joseph testified he has temporary protected status for immigration purposes, and did not get an Ohio driver’s license because he did not have the necessary documents.
Manungo argues that some jurors were biased against Haitian immigrants and had prior knowledge of the case.
“Of particular note is Juror 10, who not only stated that she had heard that Haitian immigrants were the cause of the influx of crimes and accidents in Springfield, but she had talked extensively about the accident with her granddaughter who taught at Northwestern, and she did not believe she could be impartial,” Manungo wrote. “This juror was not rehabilitated and her effect on the rest of the jury cannot be measured.”
Credit: Bill Lackey
Credit: Bill Lackey
During the trial, Clark County prosecutors argued that a change of venue was not necessary, and they were able to swear in a fair and impartial jury. They argued that awareness of the Haitian population and associated negative rumors did not create bias.
Manungo also argues that Joseph’s counsel was ineffective, and that he was “denied his right to effective assistance of counsel.”
According to court documents, Joseph’s counsel “did not make a clear and manifest showing that pretrial publicity was pervasive and prejudicial.”
Manungo pointed to news coverage that was not previously included in arguments, as well as a News-Sun photo of protesters outside of a city commission meeting.
In a new filing Monday, Clark County Assistant Prosecutor Robert Logsdon said that because specific media coverage was not included in an argument for change of venue during the trial, it cannot be used in the appeal. He cited case law that the court cannot consider evidence that the trial court did not consider.
Credit: Bill Lackey
Credit: Bill Lackey
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