Judge declines to move Dodge County murder trial on Owatonna

MANTORVILLE — Rejecting a defense motion that the publicity from his son’s murder trial and conviction might prejudice a jury against Danny Ortega Sr., a Dodge County judge declined Monday to move Ortega Sr.’s murder trial out of the county — at least at this time.

Ortega Sr. faces the same charges that his son, Danny Ortega Jr., faced and was convicted of last week. Both men were were charged with four counts of murder in the slaying of Troy Ulrich in February 2008: First-degree premeditated murder, first-degree murder with intent while committing a felony, second-degree murder with intent, and second-degree murder without intent while committing a felony.

After a nearly three-week trial process, Danny Ortega Jr. was convicted of all four charges on Friday. He was sentenced to life in prison without the possibility of parole.

A jury for Danny Ortega Sr. is scheduled in Dodge County to begin Jan. 11.

However, a change of venue motion was filed by his defense attorneys, Pamela King and Julie Maxwell, asking to move his trial out of Dodge County. The motion went before Judge Lawrence Agerter in a hearing on Monday.

“We have concerns with the amount of information that may be available from that trial,” said King, referring to the trial of Ortega Jr.

But Minnesota Assistant Attorney General Matthew Frank said he opposed the motion at this time. Frank conceded that, yes, information regarding the Ortega Jr. trial has been in the press but he did not believe it would taint the jury pool based on the information he has received so far.

Judge Agerter said he would take the matter under advisement but a change of venue would not be ordered. Jury questionnaires will be sent to prospective jurors and returned before any other action would be taken, the judge said.

Ulrich was beat and stabbed to death during the early morning hours of Feb. 16, 2008, in a garage located at the apartment complex where all three men lived.

The incident began after a disagreement between Ulrich and Ortega Jr. at the Ortega’s apartment earlier in the evening.

According to court records, Ortega Jr. called his father after the disagreement who then made his way to Claremont from Owatonna where he had been at a local bar.

Ortega Jr. was sentenced to life in prison without parole. If convicted, Ortega Sr. would face the same sentence.

Wendy Reuer can be reached at 444-1565.

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Member Opinions: By: secretsquirrel on 12/22/09 Although I do not want to see the trial moved, the defense has a HUGELY viable argument that the jury pool has been tainted through local media coverage and information passed back and forth in the community. Just look at the posts on the subject. If I were the defense, I would push for a change of venue to somewhere like.... South Africa? Siberia? Flaccid Harpoon, Saskatchewan? By: atlascollapsed on 12/22/09 I say move it to steele county so we can get GQ in the jury pool! By: kadrmas21 on 12/22/09 Yes Secret Squirrel, I do agree, while no one wants a change of venue, in this case I think it is in order. I think it should have been granted in Ortega's jr's trial and the argument is even more so here. Dodge County is a very small county and to be honest I can see Ortega Jr and Ortgea Sr if/when he is convicted getting a new trial later on just on this issue alone. By: Thinking_Outloud on 12/22/09 I concur with all above. Attorneys are going to look for loop-holes and tainted jury pool is right up there for declaring that their client did not have a fair trial. Then the appeals start happening. The Grand Jury does not care if the county is small or large, they look at the case as every other case in history. Move the trial judge. Don't give the defense any more to work with. Put it in a county where they have not even heard of this man. Let him be convicted on facts, and not feelings. By: secretsquirrel on 12/22/09 Precisely. I think he will be convicted no matter where he goes but a change of venuewhile a bit more costly, will eliminate the even higher cost of another trial. I like AC's suggestion. Yet, I am wondering if he meant G-2 instead of GQ? LMAO By: owatonnaveteran on 12/22/09 Yeah, that's great. Throw one more piece of garbage into the corrections system for taxes to pay for. Why is it that when someone commits murder they get sentenced to life in prison so our tax dollars can pay for them to have free food, laundry service, a bed, and even in some prisons their own TV in their cell?! It's absolutely pathetic, there's no reason that the family of the victim should have to grieve over the loss of a loved one and then live the rest of their lives knowing that the person/people responsible is living for free? In my opinion I think Minnesota should support capital punishment... If someone kills another person, they get a trial and if they're found guilty we save time by driving them out into the country and putting a bullet in the back of their head. Or if they prefer we can find a nice Oak tree and just hang them out of it until they stop kicking? By: OwatonnOT on 12/22/09 I vote for the oak tree. By: secretsquirrel on 12/23/09 Um.... can you make that a maple, ash or poplar tree guys? Death while eating my lunch (acorns) would really make life unpleasant for a squirrel. As for cost, I believe it's more expensive (due to appeals and so forth) to execute than it is to incarcerate.
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