http://www.startribune.com/stories/462/5398426.html
State says Vang can get fair trial in Sawyer County
Associated Press
HAYWARD, Wis. - A man accused of fatally shooting six deer hunters and wounding two others in northwestern Wisconsin can receive a fair trial in Sawyer County, prosecutors argued Wednesday.
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Vang's attorneys filed motions in March seeking to move the September trial, contending racial prejudice and overwhelming media publicity would prevent the Hmong man from getting a fair trial.
Lautenschlager also asked a judge to limit the number of cameras in the courtroom during Vang's September trial and to ban people from taking pictures or videotaping witnesses who do not want to be photographed.
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In a 28-page response to the defense motion, Lautenschlager argued Vang submitted few examples of prejudicial publicity and he made only general allegations of community prejudice against him.
The media coverage of the killings was mostly informational and not inflammatory, although it obviously aroused strong emotions, prosecutors wrote.
Vang failed to show the extensive media coverage has "utterly corrupted the trial atmosphere such as to constitute a constitutional violation," prosecutors said. "While Vang may seek an uninformed jury, he is not entitled to one. The Constitution only guarantees him an unbiased one."
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Circuit Court Judge Norman Yackel scheduled a hearing on the motions for June 8.
Vang, of St. Paul, Minn., has pleaded not guilty to murdering six hunters and wounding two others after a confrontation over trespassing Nov. 21. Vang told investigators one of the white hunters fired the first shot after taunting Vang with racial slurs, a claim two of the survivors denied, according to court records.
In other documents filed Wednesday, prosecutors also opposed Vang's attempt to ban them from using an alleged confession Vang gave to investigators the day after his arrest.
None of Vang's constitutional rights were violated in obtaining the statements, prosecutors said.
"Vang wrote that he wished to speak to investigators and he did not want a lawyer," according to the documents filed Wednesday.
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Vang, who speaks fluent English, was read his Miranda rights twice, and he voluntarily made incriminating comments, including that he ran after some of the victims and shot them in the back, prosecutors said.
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In other documents filed Wednesday, prosecutors:
-Opposed a defense motion seeking to seal a separate motion of unknown content. Prosecutors asked the judge to order that the document be unsealed. Attorneys for Vang submitted a sealed envelope in March, saying that keeping the content secret was "necessary to ensure the integrity of the defense pretrial investigation."
-Opposed a defense motion to throw out one of two counts of attempted murder of Lauren Hesebeck. Prosecutors said Vang tried to kill Hesebeck in two separate incidents.