Prosecutors have asked that the trial of an Evergreen man accused of killing his girlfriend’s 2-year-old son remain in Flathead County.

Motions to determine the venue of the deliberate homicide trial for Brandon Newberry, 21, are pending before Flathead District Court Judge Heidi Ulbricht, who held a hearing Monday about whether or not some of the filings in the case should be sealed from the public.

“Requesting a change of venue based upon mere allegations that the public may have read certain news articles is insufficient,” Deputy County Attorney Andrew Clegg wrote in a Tuesday filing. “As such, moving his trial to a foreign county is improper at this time.”  

Clegg pointed out that the defense will have the chance to screen jurors prior to the trial and ask if they have seen any of the media coverage of the case.

Public defenders Vicki Frazier and Greg Rapkoch, in a written request for a venue change filed in late October, said media coverage has inflamed the community against Newberry and tainted the jury pool.

The attorneys pointed out that Newberry’s arraignment in February attracted a standing-room-only crowd, where people had to be screened with metal detectors. Newberry was fitted with a bulletproof vest for the hearing. His vehicle also was vandalized and spray-painted with the message “Burn in Hell Brandon” shortly after he was jailed.

“Clearly passions are running high against the defendant in Flathead County,” Frazier and Rapkoch wrote. “Defendant cannot receive a fair trial within the community, and the court must change the venue.”

Ulbricht had not ruled on pending motions as of Wednesday morning.

Newberry was charged after the Flathead County Sheriff’s Office received a call about on unresponsive child on Feb. 17.

According to court documents, Newberry was heard screaming, “It’s my fault, it’s my fault” during the call.

Deputies found 2-year-old Forrest Groshelle with bruising, scratching and abrasions on his body. An autopsy found that Groshelle was hit in the abdomen and died of a fatal laceration of the small intestine.

If convicted, Newberry faces up to 100 years in prison. He remains in the Flathead County Detention Center. The trial is on track for a March court date.

Reporter Megan Strickland can be reached at 758-4459 or [email protected].