Expert: Accused Cop Killer Faces Uphill Battle In Trial
MINNEAPOLIS (WCCO) -- Twin Cities criminal defense attorney Joe Tamburino is not directly involved in Brian Fitch Sr.'s case, but told WCCO-TV the defense team faces major challenges heading into Monday's trial.
Fitch, 39, is accused of shooting and killing Mendota Heights Police Officer Scott Patrick on July 30, 2014, during a traffic stop.
Prosecutors said Fitch then fled from police and was found after an eight-hour-long manhunt. Prosecutors said Fitch was shot eight times in a standoff with police before he was captured.
"This incident happened in two different counties with tons of police officers and different witnesses," Tamburino said.
Investigators said he shot Patrick three times during a traffic stop.The 19-year veteran of the Mendota Heights Police Department likely never saw his shooter and didn't have time to pull out his gun.
In addition to a murder charge in Patrick's death, Fitch also faces three attempted murder charges after police say he shot at St. Paul officers during his arrest.
Tamburino said with a mountain of evidence to sort through, it is surprising it took just six months to get the case to trial.
"Usually it takes one year to 18 months when dealing with first-degree murder charges," Tamburino said.
He also said the high-profile case garnered the attention of all Minnesotans, so he doubts the move to Stearns County for the trial will make a major impact.
"I think whether it's in Hastings, St. Cloud, or Duluth you're still going to run into same problems," Tamburino said.
Tamburino said the change of venue to Stearns County may also hurt the defense since it was less than two decades ago when St. Joseph Police Officer Brian Klinefelter was killed while trying to arrest three people suspected of robbing a liquor store.
"There was an enormous amount of media surrounding that case and I think a lot of people in the area still remember that case," he said.
While most murder cases in Minnesota do not involve a police officer, Tamburino said perhaps the biggest challenge remains the same: Finding jurors who have not already made up their minds.
"The defense needs to look for jurors who can really put aside their emotions and just look at evidence," Tamburino said.
Tamburino said in addition to statewide media attention, the defense will have to address prosecutors' claims that Fitch confessed while he was still in the hospital. Fitch also faces newer allegations of witness tampering from inside jail.
Tamburino said that evidence will also likely be introduced at this trial.
