Kohn case to stay in Norfolk

NORFOLK, Va. (WAVY) - Norfolk Police recruit John Kohn's family filed a wrongful death suit against the City of Norfolk and the city asked for the judge to move the trial out of town due to pre-trial publicity.

Thursday, the judge ruled against the city. 

"I don't find enough support to move the case," Norfolk Circuit Court Judge Mary Jane Hall said. "We begin with the presumption the city can receive a fair trial ... we will give it a try, and if we can not find a jury then we will revisit the issue."

"The city is afraid how citizens are going to respond to what was done to this man." John Kohn family attorney Jim Lewis said. Judge Hall made the ruling before Lewis made an argument to keep the case in Norfolk.

In arguing their request to move the case, city attorneys noted 10 on Your Side's extensive coverage
of John Kohn's training, the way he was beat in the head by Instructor Leldon Sapp, the way he was beat repeatedly during the week of training and how Norfolk has changed the training since the death.

Back in March WAVY.com asked Deputy City Attorney Wayne Ringer why he wanted to move the case to Roanoke. "We don't have any comment. We are going to try our case in a courtroom."

In court, Ringer said, "If you go to WAVY.com you can see all the stories . Some of what's reported would not be admissible for the case, potential jurors are reading information about the case that would not be admissible."

The Norfolk jury will decide if Kohn was killed by a single blow to the head, which the city is arguing, which would make this a worker's compensation case. The Kohn family would be entitled to about $200,000.

The jury will also consider if Kohn was killed by a series of blows to the head during a period of time, which the Kohn Family is arguing. Then it could be a wrongful death case and the Kohn family would be seeking $35,350,000.

No trial date has been set.