Moshe Williams

A Cody man facing a murder charge in connection with the 2021 death of his young daughter is asking for his trial to be moved out of Park County.

Moshe Williams’ attorneys say it will be too difficult to find 12 impartial jurors in the area given the large amount of publicity that the case has received.

“This is an extraordinary situation, and with the defendant facing life in prison without the possibility of parole, justice demands that all steps be taken to ensure he receives a fair trial,” defense attorneys Dylan Rosalez and Curtis Cheney wrote earlier this month. “The only way that can be guaranteed is through a change of venue.”

Williams, 33, has pleaded not guilty and is facing a late October trial on a count of first-degree murder.

Prosecutors allege that Williams and his then-girlfriend, Carolyn Aune, caused the death of his 2-year-old daughter in the spring of 2021. Medical experts have said Paisleigh Williams died from a forceful blow to her abdomen, followed by her caregivers waiting too long to get her to a hospital.

A Park County jury convicted Aune of first-degree murder in April, finding she had failed to get Paisleigh needed medical attention. However, Aune is seeking a new trial or acquittal, contending in a July letter to presiding District Court Judge Bobbi Overfield that “no expert testimony, no witnesses, and no evidence points to me.”

“I am dedicated to finding justice for P.W. [Paisleigh] and that is to send the person who actually inflicted the injury away,” the 30-year-old wrote. “And [it’s] not me.”

Aune testified that she saw Williams stomp on the child’s stomach and that she had no idea the toddler was seriously injured. However, prosecutors sought to undercut Aune’s testimony by highlighting inconsistencies in her account and lies she told to police during their initial investigation.

At a July hearing, Deputy Park County Prosecuting
Attorney Jack Hatfield predicted that he’d be able to reach a plea deal and avoid a trial on Williams’ charge. However, the month came and went without any news of an agreement — and Williams’ attorneys requested a change of trial venue on Aug. 11.

Rosalez and Cheney acknowledged they have an uphill battle, as they must convince Overfield that there is “so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial” in Park County.

In their motion, the attorneys cite the nature of the case as one reason for a change.

“At two years of age, the victim in this case (and the injuries he [sic] suffered) automatically generates sympathy and anger among the public,” they wrote. “The anger is instant when the facts are heard and anger is present even when the question of the accused’s guilt remains in question.”

Additionally, they noted the “consistent and pervasive” media coverage of the case, including Aune’s “intensely covered” trial. On top of that, many community members have shared information about the case on social media, where potential jurors “prejudge the case and form strong opinions and prejudices regarding the guilt of Mr. Williams,” Rosalez and Cheney wrote.

“Consequently, the chances of being able to seat a jury in Park County (even after voir dire questioning) that is not aware of this case is slim at best,” they wrote.

The Wyoming Supreme Court has laid out a number of factors when a change of venue is requested. Not only are judges to consider the amount of publicity, they’re also asked to consider whether the content is fact-based or “so inflammatory as practically to dictate the community’s opinion.”

The final step in that process typically involves questioning potential jurors about their knowledge of and opinions about the case. But the defense attorneys contend it would be better for Overfield to change the venue before beginning voir dire.

Once the jury selection process begins, a change in venue “becomes almost impossible as the goal unconsciously becomes a quest to … seat the best jury we can — not a fair and impartial one,” Rosalez and Cheney wrote.

The Park County Attorney’s Office has until Friday to file a response. A trial is set to begin Oct. 31.

Aune had also requested a change in venue ahead of her trial, but was unsuccessful. She continues to await a sentencing hearing.