Flynn trial moves forward in Miami County

Judge Jeannine Pratt denied motions for a change of venue and jury sequestration for the trial of Caleb Flynn, accused of killing his wife and staging the crime scene to look like a home invasion.

Flynn, 40, appeared Tuesday, August 25, in Miami County Common Pleas Court for his final hearing before his trial, which is scheduled to begin Thursday, September 17.

Flynn, a former worship pastor, is charged with aggravated murder, three counts of murder, two counts of felonious assault, three counts of tampering with evidence, and two misdemeanor counts of intimidation of an attorney, victim, or witness in a criminal case.

His wife of 15 years, 37-year-old Ashley Flynn, was shot early Monday, February 16, at the couple’s Cunningham Court home, Tipp City police said.

On August 18, the defense team filed a motion for a change of venue, citing “continuous and unrelenting” media coverage that may make it impossible to hold a fair and impartial murder trial in Miami County.

“Obviously, there’s been intense media coverage that will justify a change in venue,” lead defense attorney L. Patrick Mulligan said.

Judge Pratt denied the motion without prejudice, meaning the court may revisit the issue if an impartial jury cannot be seated in Miami County.

“The mere fact that prospective jurors have been exposed to publicity concerning a case does not, standing alone, establish prejudice,” Pratt wrote. “Jurors need not be completely ignorant of the facts of a case. Rather, a defendant must make a clear and manifest showing that the publicity was so pervasive and prejudicial that any attempt to seat an impartial jury would be futile.”

A local law professor recently stated that motions for a change of venue are typically denied. A change of venue motion is unusual in any case. They are usually filed in cases such as this, murder cases that are highly publicized.

The Miami County Prosecutor’s Office filed a motion on August 18 to sequester the jury. Pratt also denied that motion without prejudice.

“The court may revisit the issue should circumstances arise during trial demonstrating that sequestration is necessary to ensure a fair and impartial proceeding,” she wrote.

According to the local law professor, one reason to consider sequestration is to ensure jurors are not influenced in any way by people contacting them or by media coverage of the case, so they consider only the evidence presented at trial. It is rare for a judge to sequester a jury, and it is inconvenient for jurors who are taken away from their families for an extended period.

If a judge enters a sequestration order, the jurors would most likely be taken to a hotel after that day of trial, under the supervision of a court employee or law enforcement officer. They would not be allowed to see any type of media; they would have limited privileges to contact somebody by phone, email, or text.

Flynn remains held on a $3.5 million bond in the Miami County Jail, where he has been since his arrest on Friday, February 19, within 82 hours of his wife’s death.