Judge denies change of venue for murder trial in car lot death

Anne Fisher and her attorney, Mark Lesher, listen Monday, Feb. 22, 2016 as Judge Bill Miller orders Fisher to take all medication she is prescribed while in custody. Fisher has been declared incompetent to stand trial in the 2015 fatal shooting of her son-in-law, Russell Scott Cain.
Anne Fisher and her attorney, Mark Lesher, listen Monday, Feb. 22, 2016 as Judge Bill Miller orders Fisher to take all medication she is prescribed while in custody. Fisher has been declared incompetent to stand trial in the 2015 fatal shooting of her son-in-law, Russell Scott Cain.

NEW BOSTON, Texas-A defense motion for a change of venue was denied Thursday in the case of a Texarkana grandmother accused of murder in the death of her former son-in-law.

Annette Fisher, 54, appeared Thursday morning with Mount Pleasant, Texas, lawyer Mark Lesher for a hearing on the issue before 5th District Judge Bill Miller at Bowie County Courthouse. Lesher argued that news articles and Facebook commentary about the case have prejudiced potential jurors in the county against Fisher.

Lesher questioned a member of the local news media about articles published in the Texarkana Gazette and a witness who works for him part time as a process server. Eddie Stinzel testified that he has heard negative discussion of the case by many members of the public whom he said have judged Fisher without the benefit of a trial.

Assistant District Attorney Lauren Richards called a Bowie County resident who works in Bowie County Courthouse and shares the same last name as Fisher's alleged victim, Russell Cain. Angela Cain said she has heard little about the case and that she did not find news articles about it inflammatory or prejudicial.

Bowie County Chief Juvenile Probation Officer Harlan Jones testified for the state, as well. Jones said he believes Fisher can get a fair trial in Bowie County.

Assistant District Attorney Kelley Crisp argued that the 15 news articles covering court hearings and public documents and printed in the Gazette during the 800-plus days since Fisher's arrest July 22, 2015, have not made getting a fair trial for Fisher in Bowie County impossible. Crisp cited Texas law, which urges a change of venue if pretrial publicity has been pervasive, prejudicial and inflammatory.

Miller agreed with the state and denied the motion. However, Miller said he would revisit the issue if, during jury selection, it becomes clear that a large portion of those reporting for jury duty have had their opinions tainted by pretrial publicity.

Fisher is accused of shooting Cain, 28, repeatedly with a handgun in the parking lot of Pete Mankins Used Car Center on Summerhill Road in Texarkana, Texas, after bringing him lunch from a local deli, according to a probable-cause affidavit used to create the following account. Fisher's daughter and Cain had divorced recently, and Cain had been awarded custody of the couple's two young children. Fisher allegedly told members of law enforcement she shot and killed her grandchildren's father because she believed he had abused his son.

In the months following her indictment for murder by a Bowie County grand jury, Fisher was deemed incompetent to stand trial and committed for more than a year to a state psychiatric facility for treatment. Fisher's case began to proceed toward trial again in June after a finding by experts that Fisher is now competent.

Jury selection is scheduled to begin Jan. 9. If convicted of felony murder, Fisher faces five to 99 years or life in a Texas prison. Fisher is being held in the Bowie County jail.

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