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The surprise is that the state Administrative Office of the Courts suggests that the trial be moved to Southern California.
On Friday morning District Attorney Jon Hopkins and defense attorney Stuart Hanlon were in Judge Arthur Mann's court to hear what alternate counties could host the trial, which Hopkins estimated will take about eight weeks.
The 23-year-old Hughes is being tried for murder in the deaths of Rashad Williams and Christian Foster, who he was allegedly accompanying during a residential robbery in Clearlake Park on Dec. 7, 2005.
Williams and Foster were shot by homeowner Shannon Edmonds as they ran from his home, but Hughes is being held responsible for their deaths under the provocative act theory.
On Nov. 15, after weeks of jury selection, the judge assigned to the Hughes case – retired Alameda Superior Court Judge William McKinstry – granted Hanlon's change of venue motion.
McKinstry cited the number of potential jurors who were dismissed for various reasons as the basis for his concern that Hughes might not receive a fair trial in Lake County.
Although Mann had not received a formal written report from the Administrative Office of the Courts by Friday, Hopkins said Mann reported that he had a conversation with an official who proposed the trial be moved either to Los Angeles or San Diego County.
Neither Hopkins nor Hanlon welcomed the proposal for those counties, based largely on concerns of distance and additional cost.
“I have a real problem because it's so far away,” said Hanlon.
Hanlon said he proposed Solano, Alameda or San Francisco counties, wanting to avoid counties with less diverse populations.
In the case of Solano, it has the highest per capital population of black residents of any county in the state. “I think Solano would be really good,” said Hanlon. “They don't want it but that's not the issue.”
Alameda and San Francisco also are diverse. However, Hanlon added, “We all know San Francisco is not the best place because of the media.”
Hanlon said it will be up to Mann to decide where the trial may go, and convenience to the parties has to be a consideration.
“The cost and expense of moving the case that far is humongous,” said Hanlon.
Hopkins also was concerned about the distance involved in moving the trial so far south.
As to where he wants to see the trial move, he said, “I would like to be close and also not in the counties that have had a lot of publicity in the case, and the Bay Area has.”
Hopkins suggested Yolo or Sacramento counties would be better choices, and considerably closer for all parties. Hanlon agreed that a Sacramento Valley location would be preferable.
Said Hopkins, “I'm actually surprised that they're having trouble finding a court to accommodate a two-month trial.”
Official explains reasons for suggesting LA, San Diego
Brad Campbell, supervising analyst for the Administrative Office of the Courts, told Lake County News he had spoken directly with Judge Mann about the possibility of moving the trial to either Los Angeles or San Diego counties.
Campbell said Judge Mann should have his official report on the change of venue early next week.
It's been difficult to find a place to host the case, said Campbell.
“We had other courts that would be able to do it but not until much later in the year,” said Campbell, explaining that late spring would be the earliest some of the alternate courts could take the trial based on their caseloads.
In Los Angeles and San Diego, Campbell said they were looking at having the trial on the calendar as soon as January or February. “You want to get a case on schedule as quickly as you can.”
Hanlon, however, said he was not available in either January or February, so the trial can't be held then. He suggested late spring would be better.
Hopkins said they'll be back in court on Jan. 4, 2008, at which time they'll discuss the change of venue location.
Campbell said if the defense and prosecution can't agree on where to hold the trial, Mann must schedule a McGowan hearing, in which the two sides will make their arguments about where they want the trial to go.
State and local responsibilities
Campbell said the county and state will share the expenses for moving the trial.
While trial courts are funded by the state, the home or “sending” court bears the cost of any extraordinary costs, including daily transcripts and extra security, said Campbell. The receiving court won't bear any charges.
Lake County would have to share costs of having Hughes housed at a jail facility in the county where the trial is held, said Campbell. The county won't have to pay for defense costs, he added.
As to the number of changes of venues he works on, Campbell said the number is very small – only about two to three across California each year.
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Ivan Garcia Oliver, 29, was arraigned in Lake County Superior Court on Friday on a felony charge of possessing a weapon in jail, said Chief Deputy District Attorney Richard Hinchcliff.
Hinchcliff also is prosecuting Oliver for the Nov. 20 murder of Michael Anthony Dodele, 67, of Lakeport.
Oliver is alleged to have stabbed Dodele multiple times in the chest with a knife, as Lake County News has reported.
Sheriff Rod Mitchell said Friday that Oliver was found with a plastic toothbrush that had been sharpened on one end and had a makeshift handle created out of paper on the other.
“It was very plainly what we would consider a shank,” said Mitchell.
On Thursday afternoon Lake County Sheriff's Detective Corey Paulich arrested Oliver on the weapons possession charge in addition to a felony charge of damaging jail property in an amount less than $400, according to jail records. Hinchcliff said he is not pursuing that second charge against Oliver.
Jail staff were preparing to move Oliver from one secure area of the jail – called an administrative segregation unit – to another when the item was discovered, said Mitchell.
When “high risk” inmates are moved from one area to another, Mitchell said it's standard practice for officers to thoroughly search the new destination, then to search the inmate, including changing out clothes, in order to make sure no illegal items are taken with them.
In this case, Correctional Officer Jeremy Wichlaz was searching Oliver when he noticed that Oliver was holding something high up between his legs, said Mitchell.
If Wichlaz had been more cursory in his inspection, the item may have been missed, said Mitchell. “I really have to give accolades to the correctional officer.”
Oliver refused to grant detectives an interview or explain why he allegedly made the weapon, said Mitchell, so they don't know his motives for having it.
Mitchell said there was no legitimate reason for Oliver to have made or hidden the weapon, which could have been used to seriously hurt an officer or another inmate. He said there is no reason to believe any threats have been made against Oliver.
The sheriff called the weapon a “sophisticated effort.”
Mitchell said he's seen many weapons fabricated by inmates. “This was as good an edged weapon as an inmate can make with a toothbrush.”
He added, “All of that leads me to be exceedingly grateful that none of my officers were hurt by him.”
Jail officers will now increase the frequency of their inspections when it comes to Oliver and any items he may have access to, including legal pencils, and his comb and toothbrush, said Mitchell. “His actions have increased the level of scrutiny that we will apply to him in our routine procedures.”
Hinchcliff said he's uncertain yet if he will try Oliver on the weapons possession charge separately from the murder case.
At the time of his arrest for the Dodele murder, Oliver was on parole from San Diego County, according to Lake County Sheriff's officials.
Steve Walker, a spokesman for the San Diego County District Attorney's Office, told Lake County News that Oliver was convicted in June of 2003 on one felony count of assault with a deadly weapon with force likely to cause great bodily injury. He was sentenced to four years in prison.
Walker said that Oliver and two other men had left a restaurant without paying their bill. When a security guard confronted them, Oliver stabbed the guard multiple times with a knife.
At the time of his sentencing Oliver had no prior record, said Walker.
Oliver was released on parole in 2005 after having served less than two years in state prison, according to state parole spokesman Jerome Marsh.
A week after his arrest for the Dodele murder Oliver was indicted on federal charges stemming from a March 2005 incident in which he and his half-brother, Guillermo Garcia, are alleged to have dumped hazardous materials into a San Diego County creek.
Oliver is due to be arraigned on those federal charges next month, according to Hinchcliff.
E-mail Elizabeth Larson at
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