In this post, we will go over the certified pretrial transcript which was cause for much speculation during the hearing for a new trial. This isn’t a very long transcript so we’ll just highlight a few points and then post a link to the full transcript.
Ben Trane refused to waive his right to a speedy trial against his lawyer’s advice. This was stated clearly in front of Ben at the pretrial conference. No matter how much Ben Trane wishes it wasn’t on the record, it still was recorded. He claimed at his sentencing that he was never advised of the consequences of waiving his right to a speedy trial or else he would have done so.
THE COURT: I’ll open the record in a criminal matter. This is State of Iowa versus Benjamin G. Trane, case number FECR009152. The State of Iowa appears by assistant attorney general Denise Timmins. Are you Benjamin G. Trane?
THE DEFENDANT: Yes.
THE COURT: And you appear personally with attorney Lisa Schaefer. Defendant is charged by Trial Information in, it looks like, three counts. He’s pleaded not guilty and demanded speedy trial. This case is scheduled for trial to a jury December 12. This is the date set for the final pretrial conference. Do the attorneys simply wish to confirm the trial date, or is there some additional record the Court can make at this time?
MS. SCHAEFER: Your Honor, at this time I’ve had numerous discussions with my client regarding waiving speedy trial and continuing. Despite my advice, he is maintaining his demand of speedy trial, and we will be confirming for trial on December 12.
The Trane supporters are currently claimin that Ben didn’t receive a fair trial due to the venue from the below screenshot.
The prosecution actually tried to request a venue change and Ben Trane fought it against his lawyer’s advice again. One can read the motion for a change of venue filed by the prosecutor here. To claim the venue choice was unfair and prejudicial against Ben would be to ignore the fact that he fought both his own lawyer and the prosecution on changing the venue.
THE COURT: All right. Let’s move on to the Motion for Change of Venue.
Ms. Timmins, are you in a position to go ahead and argue that motion at this time?
MS. TIMMINS: Yes, Your Honor.
THE COURT: All right. Go ahead.
MS. TIMMINS: Your Honor, really, the State would just rely on the brief provided, the information laid out. In asking to change venue, we are not asking to go far. The State’s concern is basically this community, and the State’s concern is not only because the State feels it will have difficulty in receiving a fair trial, the State believes the defendant will probably have difficulty in the same. I’m not from here, but everything I’m told from people who are from here says that this issue, the closing of the school, the criminal charges, has really split the community apart. It has been constantly in the news and the talk at the coffee shops and everything else. I think we’re going to have an extremely difficult time finding jurors who don’t know too much about it, who don’t have relatives who didn’t work there, you know, who lost their jobs there, who don’t have children that went there, friends of friends, all of those things. I think it is best for both sides that we move this trial to a place where we can get a jury, where we’re going to have less people who have connections, direct connections, to Midwest Academy and to Mr. Trane.
THE COURT: Ms. Schaefer, your resistance.
MS. SCHAEFER: Yes. My client believes that we can obtain a neutral and impartial jury. Primarily, Your Honor, the school has been closed for almost two years. It’s not as though this is fresh in the minds of the citizens of South Lee County. The school was closed in early 2016. We’re now toward the end of 2017, and Mr. Trane believes that he’s not going to get any less impartial jury anywhere else than he would here in South Lee, and so we would ask for the trial to be maintained here in South Lee County.
THE COURT: Anything further from the State?
MS. TIMMINS: No, Your Honor.
THE COURT: All right. I’ll take the motion under advisement. I plan to get a ruling out quickly. I’ll rule yet this week and, hopefully, within a few days so everybody knows where they stand, but I’ll take that motion under advisement.
