McDonald criminal cases change of venue motion denied – Front Royal, Warren County residents will be excluded from federal jury pool

On Monday, March 20th, United States District Judge Elizabeth K. Dillon entered an order denying Jennifer McDonald’s motion for a change of venue to Charlottesville for her criminal trial slated for Harrisonburg in a federal court in the 10th Western District of Virginia. That trial, on 34 criminal indictments related to the Front Royal-Warren County Economic Development Authority “financial scandal,” is scheduled for over a month from May 15 into June.

Federal court-appointed defense counsel for McDonald, Eric Trodden, filed the change of venue for trial in February. He asserted that his client is not likely to get an unbiased jury in Harrisonburg due to Shenandoah Valley regional media reporting about McDonald and other related civil cases in which she was a witness or topic of legal arguments pointing a finger at her alleged role as the central figure in the estimated $26-million financial embezzlement and misappropriation of FR-WC EDA and municipal funds scandal.

However, after a detailed review of applicable law and circumstances of the press coverage by local and regional media, specifically citing Royal Examiner coverage dating back to 2018, the judge ruled the coverage as essentially non-biased and factually based. The judge did rule that residents of the Town of Front Royal and Warren County would be excluded from the federal jury pool.

“It is HEREBY ORDERED that defendant’s motion to transfer venue (Dkt. No. 45) is DENIED, but the court will exclude residents of the Town of Front Royal and Warren County. Warren County has no cities, and only one recognized town, Front Royal, from the jury pool. The clerk of court is directed to transmit a copy of this order to all counsel of record,” Judge Dillon wrote in concluding her review of the issues surrounding the defense motion.

In examining the circumstance of media coverage, Judge Dillon wrote: “Press coverage of this matter has been primarily from the Royal Examiner and the Northern Virginia Daily. (Dkt. No. 47.) Both papers are local to the Strasburg/Front Royal Area. The majority of the press coverage is from 2019, two years before the indictment in this case, although the media covered this case and related civil lawsuits into 2021. Defendant herself initiated the press coverage in 2018 when she reached out to a local reporter (yours truly) with an allegedly false story about winning money at a casino.

EDA Director Jennifer McDonald parlays casino winnings into real estate investments

Photo from a 2018 Royal Examiner story by this writer cited by the judge in a change of venue ruling. Judge Dillon noted that in certain instances like this one, McDonald had reached out to the media for news coverage. Royal Examiner File Photo Roger Bianchini

In her analysis of the McDonald defense motion, Judge Dillon observed: “Rule 18 of the Federal Rules of Criminal Procedure governs the appropriate place for trial. ‘Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of the defendant, any victim, and the witnesses, and the prompt administration of justice.”

And Judge Dillon ruled that with the exclusion of residents of Front Royal and Warren County, about an hour north of Harrisonburg, who have been most exposed to media coverage going on five years, McDonald can get that fair trial from jurors further south in the Federal 10th Western District of Virginia, in a City of Harrisonburg federal courtroom.

McDonald faces 16 counts of money laundering, 10 counts of bank fraud, 7 counts of wire fraud, and 1 count of aggravated identity theft, the latter related to the Truc “Curt” Tran/ITFederal case.