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 1cant 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 2v. 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