PIERRE, S.D. (AP) - Lawyers of a 17-year-old Pierre boy accused of fatally shooting a classmate received permission Tuesday to conduct a public survey that could influence whether they try to move the high-profile case for trial.
Braiden McCahren is scheduled to go on trial as an adult in Hughes County on June 2. McCahren has pleaded not guilty in the December 2012 death of 16-year-old Dalton Williams, who was fatally shot while they and another boy were at McCahren’s house in Pierre.
An attorney for the state, Michael Moore, told the judge during Tuesday’s hearing that the survey could reach prospective jurors and should be reviewed in advance. He said he has been in trials in which the judge reviewed the questions and granted or denied permission.
Moore argued that there was no harm in requiring a limited scope and proper documentation for the survey.
But McCahren’s defense attorney, William Taylor, said prosecutors had no right to know the questions or answers to the survey. He also said the state shouldn’t be allowed to stop the survey, the results of which will eventually be available to the public.
“We hired a survey company. We vetted the questions, and we had it done for our use,” Taylor said. “They are neutral. They are not intended to influence anybody’s opinion. They are intended to sample public opinion.”
Hughes County Judge John Brown sided with the defense. Brown acknowledged that he had “some curiosity” about the content of the survey, but he said, “I don’t think I’m in a position to ask those questions.”
McCahren is accused of shooting Williams with a shotgun after first pointing the weapon at the other 16-year-old boy following an argument about a paintball game. McCahren’s lawyers have argued that the shooting was accidental, but prosecutors have said McCahren has a history of violent, reckless behavior since childhood.
The results of the survey could be used by the defense to ask for a change of venue. Another hearing is scheduled for May 12.
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