Former Greene County DA, detective charged with abusing powers seek change of venue
Greene County’s former district attorney and his former chief detective, alleged to have conspired to retaliate against political rivals, want a judge to move their trials to a different county.
The change of venue hearing for David Russo, 48, of Holbrook, and Zachary Sams, 41, of McDonald, was discussed in chambers Monday morning with Greene County Judge Jeffrey Grimes, prosecutors from the state attorney general’s office and counsel for both Russo and Sams, said Sams’ attorney, Lawrence Bolind.
During his term as district attorney, Russo, with the help of Sams, allegedly engaged in malicious prosecutions and investigations against a number of Greene County officials, including county solicitor Eugene Grimm and former county commissioner Mike Belding. Russo was elected in 2019 and was defeated in 2023, losing to current District Attorney Briana Vanata in the Republican primary.
In a pretrial motion filed in October, Russo’s attorney Stephen Stallings argued a change of venue was necessary for a fair trial.
“This case has garnered significant negative publicity in a county where Russo was already a known elected official,” the motion stated. “Mr. Russo cannot receive a fair trial in Greene County and venue must be changed to a location where an unbiased jury pool can be seated.”
In a response filed Dec. 4, Senior Deputy Attorney General Heather Serrano said a venue change would require a judge to determine moving the case was the only way to ensure a “fair and impartial” trial.
Publicity alone doesn’t require a venue change, Serrano argued. Courts have polled prospective jurors to determine if publicity has influenced their opinions. The state Supreme Court has also determined a trial can be moved if the publicity was “sensational, inflammatory, and slanted toward conviction,” revealed a prior criminal record or incriminating admissions by the defendant, or came from official police and prosecutorial reports.
“Here, defendants have presented no evidence to support any pretrial publicity that would fall into any of the above criteria,” the defense filing said. “As such, any response for a change of venue lacks merit and should be denied.”
Sams and Russo face misdemeanor charges of retaliation for past official action and official oppression, each paired with conspiracy charges.
Russo is also charged with a felony count of conflict of interest and a misdemeanor count of misapplying entrusted government property.
The change of venue hearing is scheduled for Feb. 9.