Published: July 16, 2008 09:28 am         

Judge denies moving capital murder case from county

From Staff Reports

PALO PINTO – District Judge Jerry Ray on Tuesday denied a motion for a change of venue by counsel defending Mark McLaughlan in his capital murder case.

McLaughlan – arrested for the death of 2-year-old Cayson Reece – was indicted in January by a Palo Pinto County grand jury for capital murder. Reece died Sept. 24, 2005, in a Fort Worth hospital from severe injuries, according to reports.

Tuesday’s hearing was to determine if the trial venue should be moved from Palo Pinto County because of media reports and word-of-mouth conversation, which could be perceived to influence county residents who might be summoned as potential jurors.

Defense attorneys Jeff Kearney and Reagan Wynn, of Fort Worth, called three witnesses. Homer and Jean Hensley represented friends of McLaughlan’s mother, and both said they did not think McLaughlan would receive a fair trial in Palo Pinto County.

“I don’t think that he can; he’s not from here,” said Jean Hensley.

The prosecution asked both Hensleys how many “coffee shop” discussions they heard and how many people this included.

“Has that been ongoing or a surge,” asked Assistant Texas Attorney General Lisa Tanner.

“A surge, I haven’t thought about it myself,” replied Homer Hensley.

“Because of your relationship with [McLaughlan’s] mother you are more attuned to this case than the average person on the street,” Tanner directed to which Jean Hensley.

“Yes,” she replied.

Through further questions, the prosecution established that there was no television coverage and that media coverage was limited to printed articles, which reported that the defendant had only been charged.

Hensley confirmed Tanner’s assertion, “Reporting is no different than any other case in which someone has been charged.”

Also on the defendant’s witness list was a representative of the Index. The Index published articles on the child’s injury and death and subsequent charges, arrests and indictments, including a capital murder arrest warrant, for McLaughlan.

Upon request by the defense, the Index provided all existing articles published to date on the case.

Tanner and AG colleague Nancy Nemer called to the witness stand Mineral Wells ISD Vice President Holt Price and Santo resident Susan Carter.

After establishing their involvement in their respective Palo Pinto communities, both witnesses for the prosecution denied prior knowledge of the case and said they thought McLaughlan would receive a fair trial in Palo Pinto County.

Price also took the stand for the prosecution and confirmed that he reads the local news. Through questioning, he shared his community involvement and that he has lived in the county for 45 of his 51 years. He also established his Palo Pinto County roots, which reach back to his great-great-great uncle, Bud Price, the recorded first white male born in the county.

“I know a lot of folks,” said Price. “I have not heard of this particular case. I’m not aware of it.”

Carter, a retired bondswoman, said she has lived in the county for 10 years. Her husband is a farmer and she said, “We know a lot of people … I haven’t heard until today. I’ve never talked about this,” said Carter.

After questioning, Ray denied the change of venue motion and said the case is presently scheduled for a Nov. 3 trial, with a pre-trial hearing on Oct. 2.

McLaughlan would occasionally babysit while Cayson’s mother was at work, reports stated. According to police, McLaughlan dialed 911 on Sept. 20 and, upon arrival, emergency medical technicians found the child unresponsive.

Hospital officials reportedly informed the investigating agency– the Palo Pinto County Sheriff’s Office – that the child “exhibited symptoms of shaken-baby syndrome” and had “severe swelling on the brain.”