Sheley attorneys conduct second poll: Results support a change of venue, they plan to argue Friday

By Tara Becker  tbecker@svnmail.com  800-798-4085, ext. 570

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GALESBURG – Nicholas T. Sheley’s attorneys are moving ahead with a change-of-venue hearing Friday, despite their client’s stated plan to plead guilty to the capital murder of a Galesburg man.

To further back up their claims that the 30-year-old Sterling man cannot receive a fair trial in Knox County, Public Defender Jim Harrell and Jeremy Karlin have filed a second affidavit in support of their request to have the trial elsewhere.

Web Exclusive: Click here to read the defense's affidavit in support of their request for a change of venue (PDF). Note: The motion contains harsh language. Reader discretion is advised.

Sheley is charged with 10 counts of first-degree murder and seven other felonies in the death of Ronald Randall, 65, who was bludgeoned to death in late June 2008. Police say Sheley was on the run for committing another murder when he abducted Randall at a car wash, killed him, and left his body behind a grocery store so he could steal Randall’s truck.

Sheley also is charged with five deaths in Whiteside County and two in Missouri.

Harrell and Karlin filed the change-of-venue motion in March. In late June, they submitted media clips and the results of a phone survey conducted earlier that month that, they say, show the jury pool is tainted against Sheley. Thursday, they submitted more of the same.

“Without letup, every conceivable media outlet with the potential of influencing the potential jury pool in Knox County has contributed to the problem,” they say in the latest court documents.

A second poll was conducted Oct. 8, also by Carbondale-based Communication Express, an automated telemarketing company that does venue surveys and jury research. This survey involved 997 Knox County residents.

The first question asked whether respondents had any knowledge of Randall’s death or any of the other deaths with which Sheley is charged. If they said no, the call was terminated.

Those remaining were asked how familiar they are with the case, how they learned about it, their opinion of his guilt, and whether they could be impartial if called to serve as jurors.

According to the responses:

■ Seventy-nine percent knew of the case. Twenty-nine percent were “very familiar,” 53 percent said they remembered some details.

■ Eighty-six percent of those who answered the question about Sheley’s culpability said they think he is guilty. Only four out of 708 – or 1 percent – said he is “probably innocent,” while 13 percent had no opinion.

■ Sixty-three percent said their knowledge or opinion would make it difficult to be impartial.

The numbers are similar to the first poll.

For their part, prosecutors see no need to move the trial.

Knox County State’s Attorney John Pepmeyer argued that the findings of the first poll were skewed to benefit the defense’s position, and noted that the questions failed to inform respondents of vital principles such as the presumption of innocence and the burden of proof that all prospective jurors are told about when called to serve.

As of Monday, Pepmeyer has not filed a response to the latest poll.