Suspect in Mendota Heights officer's killing to be tried in St. Cloud, not Dakota County

Brian Fitch will be tried in St. Cloud for the July 30 murder of Mendota Heights police officer Scott Patrick and the attempted murder of several St. Paul officers in a shootout after an eight-hour manhunt, a Dakota County district judge ruled Tuesday.

Fitch's defense attorneys argued at a hearing Nov. 26 for a change of venue for the trial, saying extensive publicity made it impossible for the defendant to receive a fair trial in Dakota County.

While many defendants in high-profile criminal and civil cases ask for a change of venue for their trials, most are rejected. The most recent change of venue came in 2008 when Olga Franco, accused in a fatal school bus crash in Cottonwood in Lyon County, was tried in Willmar in Kandiyohi County.

But attorney Lauri Traub pointed out that a statement Fitch allegedly made to police — "Just so you know. I hate cops and I'm guilty" — was publicized as an ostensible confession.

The defense commissioned a survey of 265 county residents, done by the National Jury Project Midwest, showing that 91 percent knew about Patrick's killing and 83 percent believed Fitch was "probably" or "definitely" guilty.

That survey apparently was a strong factor in District Judge Mary Theisen's decision to move the trial out of the Twin Cities area, and into the county seat of Stearns County.

"The court knows that the good citizens of Dakota County would do their utmost, if summoned, to sit fairly and impartially as jurors on this case. However, given the results of the survey and review of exhibits presented to the court, as well as the court's own observations, there is a reasonable likelihood that it would be difficult if not nearly impossible to timely impanel a Dakota County jury that could fairly and impartially sit on this case."

Jury selection is to begin Jan. 12, with opening statements and testimony to begin Jan. 20. A pretrial hearing will be held in Dakota County on Dec. 16.

Theisen has not yet ruled on another defense motion concerning the constitutionality of the rarely used Minnesota law allowing Ramsey and Dakota counties to convene a grand jury and jointly prosecute Fitch.

Fitch, 39, is accused of killing Patrick, 47, during a routine traffic stop shortly after noon July 30, a couple of blocks into the city of West St. Paul in Dakota County. About eight hours later, police spotted Fitch on the north end of St. Paul in Ramsey County. Fitch fired at several officers and was shot eight times before he was arrested.

He has appeared in court in a wheelchair at every hearing since then, but a cast on his arm has been removed.

Pat Pheifer • 952-746-3284