Could a case be too mediatized for an impartial jury?

[viper37]

About this case:
http://www.cbc.ca/news/canada/montreal/guy-turcotte-arrested-after-appeal-court-orders-new-trial-1.2425176

There is speculation that his lawyers will plead that a jury can not be impartial, the case was overexposed in the medias, and it's a second trial after all.

What would happen then, if his plea succeeds?  I doubt they could find a place in Quebec where the case wasn't in the media.  Maybe in another province where they only have ICI and a few local french medias?  Could that even be done even if it's the same criminal code?

[Grey Fox]

Don't call it ICI. Don't fall for that BS. It's the SRC.

Also, everyone in quebec has heard how he confess to the murders in his first trial. That's impossible to forget.

[viper37]

Don't call it ICI. Don't fall for that BS. It's the SRC.

First time I saw this on my tv guide: "Wtf is this new channel?"
I knew it would confused our anglo friends, that's why I wrote it
but none of them came anyway   So many lawyers and we can't get one when we really need one! 

Also, everyone in quebec has heard how he confess to the murders in his first trial. That's impossible to forget.

His defense is one of insanity, drinking windshield washer made him lose his mind, so he killed his kids.
That defense has been used before for pot smoking, but lately the tribunals have reverted back to the general rule applied for alcohol: you drink/consume stuff voluntarily, you are responsible for whatever actions happen after.

This time, it would be hard for him to get away with murder.  Doesn't mean he won't try.

[dps]

People have claimed that drinking windshield washer made them smoke pot?




On a more serious note, in the U.S., double jeopardy would keep him from being retried in the first place.  OTOH, as far as media coverage goes, it's alway possible to find a dozen jurors who don't follow the news at all.

[viper37]

People have claimed that drinking windshield washer made them smoke pot?

You never know
It's just the silliest excuse I've heard, smoking pot or drinking windshield washer will turn you into a killer.
Yet, it worked.

On a more serious note, in the U.S., double jeopardy would keep him from being retried in the first place.  OTOH, as far as media coverage goes, it's alway possible to find a dozen jurors who don't follow the news at all.

The appeal court ordered a re-trial, based on incorrect directives from the judge.  Doesn't something like this happens in the US too?  I never tought it was exclusive to our justice system.  It's not about new evidences that surfaced later but would have been available to the prosecutor.

[Grey Fox]

Also he wasn't acquitted the first time.