Thursday, June 18, 2009

Oscar Grant Trial and Change of Venue

Protest of Oscar Grant at Oakland, California can cause a change of venue. While most people are outraged at the shooting of Mr. Grant by the BART Police, they may actually be hurting themselves in seeking justice by the riots and now heavy protesting during the Preliminary Hearings that have just occurred. The demonstrations are so strong to convict the Officer who shot Mr. Grant of Murder that anyone who would be a potential juror would be intimidated for fear of reprisal not to convict the Officer.
The best policy for those who are seeking justice, is to allow the District Attorney to follow the procedures and present their case at trial without disruption. So much protesting has been going on, not to mention those riots, that the defense will most certainly move for a change of venue arguing, correctly, with so much outrage in the daily review of this case by the local citizens that the Officer could never get an impartial jury in Alameda County. That is not good for the local citizens who are actually, unintentionally, helping the defense in their quest to move the case to a venue far from Alameda County. This is similar to the bog bite deaths in San Francisco that had to be moved to Los Angeles for trial several years ago.
The change of venue not only deprives the local citizens who wish to attend and watch the trial for assurance that all the evidence is presented that opportunity, but it also taxes all of the citizens with the cost of the change of venue to a different location which Alameda County residents are responsible for to the new venue.
Justice has a way of prevailing when we take a breath, step back, and not try to individually interfere with the legal process to and undue advantage in the court proceedings. All of the protests cause the local press to give so much coverage that it would be almost impossible to find jurors that have not already been influenced by the coverage caused by the protests. I hope the trial remains here in Alameda County, but the protests tend to be chasing it away.
Donald Gray Drewry, Oakland Criminal Defense Lawyer