conceded. “The trouble is, the prosecution has ten peremptories too – and they’ill fight us every step of the way.”
“Only if you tip your hand.”
“What’s that supposed to mean?”
“If you make it look like you’re afraid of a black jury and wary of Asians , they might just go for it themselves. The trick is to let the judge suggest it as a compromise.”
Alex thought about this for a moment.
“Andi, if you were here right now, I think I’d kiss you.”
Friday, 26 June 2009 – 11:20
“...In addition to the unfavorable comments on the talk radio stations, an opinion poll in the area has shown that seventy eight percent of the women and ninety six percent of the men in the district believe my client to be guilty.”
The judge in Court 12 at the Ventura Country Superior Court appeared to be listening attentively to Alex, giving no impression on his stony face of which way he was inclined to go. If he had formed an opinion, his face was not saying.
“Clearly,” Alex continued, “it would be impossible for my client to receive a fair trial in Ventura County under these circumstances. On the other hand there have been no such signs of prejudice in Sacramento.”
Andi was watching Alex as he spoke. Sacramento was eleven percent Black and eighteen percent Hispanic.
“Any addition to your earlier response Ms Jensen?” asked the judge, looking over at the prosecutor. Sarah Jensen rose, sweeping a strand of her black hair out of her eyes. She paused for a moment, as if trying to assess the judge’s current state of mind. This was a tricky matter, and one so sensitive that the entire outcome of the trial could hinge upon it. What happened here today could render everything that followed largely irrelevant. So the ADA had to pitch it right… just right.
“My only argument is what I said in response to the defense counsel’s earlier argument, namely that the voir dire should be sufficient to weed out any prejudiced jurors, as long as the panel is large enough. However, I would also point out that defense counsel appears to be trying to relocate the trial to a venue with more favorable demographics.”
“Are you suggesting that the demographics of Sacramento are likely to be pro-defense” the judge prompted.
“Not necessarily. But it does have a higher percentage of bla – of Mr. Claymore’s own ethnic group. ”
Alex knew that the ADA had to chose her words carefully. She wanted to accuse the defense of trying to get more blacks onto the jury, but by opposing it, she was effectively saying that prosecution was going out of its way to prevent that.
“But there’s nothing constitutionally improper about the demography of Sacramento is there?”
The judge was smiling as he said this. Sarah Jensen’s embarrassment was palpable
“I... we.. that is, the prosecution accepts that there is a case for a change of venue. And obviously it should be away from the south and possibly in the Bay area. But Sacramento would not be the best choice”
Alex saw his opportunity and pounced.
“If the DA is concerned about the demographics of Sacramento, the defense is quite amenable to a county where the demography is more to their liking, like Santa Clara.”
Sarah Jensen blushed. They both had the stats in front of them and Sarah knew that while Santa Clara County – Silicon Valley – was 2.7 percent Black and 62 percent white. But many of those white people were working in the computer industry, where there was a high proportion of liberals and libertarians, unlike the traditional conservatives of Simi Valley in Ventura. But Sarah Jensen could hardly use this in her argument.
“We would prefer San Mateo or Marin County – or even Napa.”
“What do you say, Mr. Sedaka” asked the judge.
Alex knew that he had succeeded in the first part of his objective: getting the DA and the judge to accept relocation to the Bay area. Now he had to get the judge to choose the one he wanted. That meant
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