On Friday, Contra Costa County Superior Court Presiding Judge Terence L. Bruiniers denied the motion of Hughes' defense attorney, Stuart Hanlon, to move the homicide trial from Martinez, the county seat, to Richmond, said District Attorney Jon Hopkins.
The case was moved to Martinez after a change of venue motion was granted last November in Lake County. In January, Judge Arthur Mann ruled the trial would move to Contra Costa County.
Hughes, 23, is facing trial for the murders of his two friends, Christian Foster and Rashad Williams. On Dec. 7, 2005, the three were alleged to have broken into the Clearlake Park home of Shannon Edmonds, who shot Foster and Williams as they ran from his house.
Because Hughes was allegedly taking part in a crime that could result in a lethal response – such as the shooting of his two companions – he is being tried under the provocative act legal theory.
Hanlon had asked Bruiniers to move the trial from the Martinez courtroom to Richmond, because he was concerned that the level of turnout for black jurors was lower there than he expected, according to court documents.
Hopkins said the Contra Costa County Jury Commissioner has been keeping track of the racial makeup of the jury panels in Martinez, and reported that from Jan. 1, 2005 to Feb. 28, 2008, black residents appearing for jury service comprised 6.34 percent of the total – just under the statewide average of 6.7 percent.
The January decision to move the trial was based partly on Contra Costa's higher black population, 9.5 percent to Lake County's 2.3 percent, as Lake County News has reported. The venue also was better for Hanlon, who said he has a teenage son and needed to be able to return home at night.
Hopkins said the percentage of African Americans who would be eligible for jury service in Contra Costa is not known, but a person must be at least 18 years of age, and can ask for a medical excuse if over 70. He said the jury pool is taken at random from lists of those who register to vote and have a California driver’s license or Department of Motor Vehicles identification card.
Judge Bruiniers denied Hanlon's motion to move to Richmond, saying that no felony trials are heard in the Richmond court, which was previously a Municipal Court before it was consolidated with the Superior Court. Hopkins said the judge cited serious security issues and the age and condition of the building, along with problems sending the staff there to handle a felony trial.
Bruiniers also turned down a request Hanlon had made regarding sending double summons to areas of the county with higher percentages of black residents, saying that requiring extra jury service of people based solely on race would have constitutional problems, according to Hopkins.
There are still concerns about jury pool bias, however, which Hopkins raised in relation to San Francisco Bay Area print and television media. Those issues, he said, will need to be addressed during jury selection.
One of Hopkins' main concerns is a “pattern of publicity and demonstrations” that he believes may continue even with a new venue.
He specifically cites the case of Michael Negron, another 23-year-old Bay Area man accused of a death under the provocative act theory who Hanlon represented in 1999. Hopkins' motion asserted that Van Jones of the Ella Baker Center – who rallied in Lake County over the Hughes case – also participated in demonstrations in the Negron case, but under the name of the Bay Area Police Watch.
Further motions are scheduled for May 16 and selection of the jury starts May 27. Judge Barbara Zuniga has been assigned to preside over the trial in Department 2, Hopkins said.
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