Defense attorneys for former Philly cop who shot and killed Eddie Irizarry ask to relocate murder trial to another county

PHILADELPHIA (KYW Newsradio) — Mark Dial, the former Philadelphia police officer charged with first-degree murder in the death of Eddie Irizarry last August, was in court Thursday morning as his attorneys filed a change of venue motion to request the trial be held in another county.

The defense argued that the vast amount of local and national media attention the case has drawn will prevent Dial from getting a fair trial, with an impartial jury, in Philadelphia.

Brian McMonagle argued that even the city’s former mayor Jim Kenney stood up at a press coverage with City Council members and criticized the judicial system after a judge first dismissed charges , which led to looting and protests .

The charges were later reinstated , and Dial is in jail awaiting trial on first degree murder charges.

Assistant District Attorney Karima Yellverton questioned the timing of the motion, arguing it’s too late. Philadelphia jurors can be impartial and should be given the chance, she said.

Judge Barbara McDermott said she’s never seen a case get as much coverage in the press as Irizzary’s. She noted that the Philadelphia sheriff, state representatives, and other powerful leaders held a press conference stating their own feelings on the case.

Dial’s attorneys pointed to a lengthy Aug. 22 press conference, where the attorney for Eddie Irizarry’s family showed a video of the incident , which was then broadcast on local and national TV. At another press conference, District Attorney Larry Krasner showed another video and spoke on the case, they said. They also brought up press conferences with the mayor, City Council members and several powerful public officials who spoke out against Dial, and the judicial system — and the looting that followed ensuing protests.

The judge also noted that since there has been looting in the past, a juror could feel a certain pressure to find the defendant guilty.

Prosecutors countered that point, arguing that Philadelphia citizens should be given a chance to be impartial, noting that the defense and FOP also spoke out defending Dial.  They added that the motion was filed too late in the game – five months after it should have been.

McDermott then decided to bring in a sample jury panel, on an undisclosed date, to determine whether Philly jurors can be impartial, or whether they would need to go to another county.

Because of the publicity, the judge also issued a gag order, meaning neither the prosecution nor the defense  can speak publicly about the case.