“If you make it look like you’re
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…
“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 making it look as if he wanted somewhere else.
“Your Honor, we believe that many of the people who are most prejudiced against my client are actually those who the prosecution seems to think are biased in his favor.”
“Does that mean you agree to Ms Jensen’s suggestions?”
“Well we’d prefer San Joaquin or Solano. Maybe Contra Costa.”
“What about Alameda?” asked the judge. Sarah Jensen looked as if she was about to say something, when Alex spoke up quickly.
“Side bar Your Honor?”
The judge agreed. Alex and Sarah approached the bench.
“Your Honor,” Alex said putting on his most embarrassed tone of voice. “Alameda county is twenty percent Asian. It’s a well-known fact that a lot of Asians are prejudiced against Blacks and this would deny my client a fair trial.”
“Oh do me a favor!” said Sarah. “There may be some limited residual prejudice against working class blacks. But Claymore is hardly working class. Besides, Mr. Sedaka can use the voir dire to weed out any biased jurors.”
The judge turned back to Alex.
“That makes sense doesn’t it?”
Alex fought hard to maintain a neutral face and shrugged his shoulders.
“That depends on how reasonable the judge is when it comes to accepting challenges for cause.”
“Well I have to assume that a brother judge will be reasonable,” said the judge. “And if you think he abused his discretion you can always appeal.”
Alex used the full range of his acting skills to look like a man who was trapped.
“There’s also the problem of transportation. My office is in San Francisco and that means I’ll have to cross the Bay Bridge during commuter times.”
“Yet you were ready for San Joaquin or Contra Costa,” said the judge, sarcastically.
“Those were second choices,” said Alex feebly. “I still think Sacramento or Santa Clara jury would be more likely to approach this case with open minds.”
“Well you can file an exception for the record. In the meantime it’s decided. The trial will be transferred to Alameda County.”
As they returned to their places, Alex continued his struggle to suppress a smile that was just itching to appear on his face.
Friday, 26 June 2009 — 12:05
“So what’s this weakness you’ve found in their case?” asked Claymore.
They were in a meeting room at the Ventura County Pre-Trial Detention Facility, where Elias Claymore was being held. Alex was taking the lead this time, while Andi sat in almost total silence. And he sounded quite enthusiastic.
“She changed her story… about the attacker’s age.”
“How do you mean?”
“Well initially she told the police that her attacker was in his twenties. They had a photo line-up — they even had a suspect tucked in there with the pictures — but she didn’t chose him.”
“I don’t understand. When they said she picked me from a photograph, I thought that meant she picked me from a book of mug shots.”
“No they don’t do that anymore. They discovered a long time ago that after looking at hundreds of pictures, the witness’s vision becomes so blurred, they can’t tell a stranger from their own mother. It actually led to erroneous arrests in the past and also let guilty people slip through the net. They sometimes use an artist’s
