TUSCALOOSA, AL — Defense attorneys for a California man charged with murder for the 2020 fatal shooting of an Indiana University student in downtown Tuscaloosa are asking a judge to move the case to a new venue.
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In a motion filed Thursday in Tuscaloosa County Circuit Court, defense attorneys insisted that recent developments following an April 14 discovery hearing, including social media activity and public commentary, have created what the defense describes as a “toxic venue” for trial proceedings.
Zachary Profozich, who is charged with murder in the shooting death of 19-year-old Schuyler Bradley, is scheduled to stand trial in May following the reassignment of the case to a new judge.
Profozich is represented by Profozich is represented by Mary Turner, Joel Sogol and J. Stephen Salter.
Attorneys have also requested Circuit Court Judge Allen W. May to issue a gag order aimed at limiting pretrial publicity.
ALSO READ: Defense Requests Gag Order Ahead Of Trial In Tuscaloosa Murder Case Of Indiana University Student
The latest filing from the defense argues that despite the court’s efforts, discussion of the case has escalated in a negative direction out in the community and online that has the potential to impact the trial.
“The narrative of a ‘money-driven cover-up’ involving ‘white privilege’ is now pervasive in the local community,” the motion states, asserting that such claims could influence potential jurors.
The defense included multiple exhibits highlighting social media posts and comments made, including statements from community members and local figures.
According to the filing, some posts, such as one from the victim's mother and another from Tuscaloosa NAACP President Lisa Young, encouraged others to speak publicly on behalf of the victim’s family, while others raised allegations of corruption or bias in the legal process.
Defense attorneys argue those statements, coupled with widespread media coverage, risk tainting the jury pool and could subject jurors to outside pressure.
The motion also raises concerns about safety, citing the involvement of an individual the defense describes as a “documented harasser” who has allegedly made threats against defense counsel and publicly accused attorneys and officials of wrongdoing.
In a supplemental addendum filed Wednesday, defense attorneys said those concerns have continued to grow, pointing to additional social media activity by the victim’s family encouraging supporters to contact local media outlets to “amplify” their message.
The filing specifically references a Facebook post that included contact information for members of the Tuscaloosa media, including Tuscaloosa Patch, which the defense argues amounts to a coordinated effort to shape public perception ahead of trial.
“The contamination of the Tuscaloosa County jury pool is an ongoing, active process,” the addendum states, adding that continued publicity makes a fair and impartial trial in the county unlikely.
Turner is asking the court to move the trial to another jurisdiction, arguing that relocation is necessary to protect Profozich’s constitutional right to a fair trial.
Rulings on the defense's motions remain pending.
THE FATAL SHOOTING IN QUESTION
As Patch previously reported, a civil wrongful death suit that has since been settled in Tuscaloosa County Circuit Court provids additional insight into the hours leading up to the shooting.
The civil suit against Profozich and The Bear Trap says that on Thursday, Oct. 15, 2020, Profozich was present at the popular college bar between 5:25 p.m. and 8:11 p.m.
There is a half-hour gap in the timeline before Profozich was reportedly seen again in the bar from 8:44 p.m. until 1:13 a.m. the next morning.
The civil suit goes on to allege that Profozich consumed alcohol at The Bear Trap for a total of seven hours and 15 minutes. Attorneys for Bradley's mother argued that The Bear Trap had continued to serve Profozich well after it was visibly apparent that he was intoxicated.
ALSO READ: Mother Still Seeking Justice Four Years After Teen Slain In Tuscaloosa
Profozich is then said to have left The Bear Trap at or around 1:13 a.m., making his way west for roughly half a mile down University Boulevard in the direction of downtown Tuscaloosa.
Profozich was accompanied by another individual who has not been charged and, a little more than 15 minutes later, the two men made contact with Bradley and two of his friends on the sidewalk opposite the University Club.
According to a deposition and charge sheet, an altercation ensued that resulted in Profozich shooting Bradley in the stomach with a .357 revolver around 1:38 a.m.
Investigators later claimed that Profozich and the other man could both be seen in a surveillance video running from the scene after Bradley fell to the ground next to his two friends.
He died a short time later at DCH Regional Medical Center and Profozich was subsequently charged with murder.
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