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Yahoo! My Yahoo! Mail Yahoo! Search Search: Sign InNew User? Sign Up News Home - Help Navigation Primary Navigation Home Singapore Asia Pacific World Business Entertainment Sports Technology Top Stories Most Popular Secondary Navigation Africa Europe Latin America Middle East North America Search Search: Change of venue court cases are extremely rare By TERRY COLLINS,Associated Press Writer AP - Sunday, August 23 SAN FRANCISCO - There is no way Andrew Thomas Gallo, charged with driving drunk and killing promising Los Angeles Angels pitcher Nick Adenhart and two others this spring, can get a fair trial in baseball-loving Orange County, Calif., his lawyer says. ADVERTISEMENT So, with Gallo potentially facing the rest of his life behind bars, he is planning to ask a judge to move the trial to another location. "Once we saw all of the media hoopla, it became pretty apparent what we have to do," Gallo's attorney, Randall Longwith, told The Associated Press. "We know that the odds are stacked against us. But I think we have a stab at it." As in most states, judges in California rarely have moved criminal trials. But this year attorneys in several high-profile cases want proceedings relocated because they believe the local jury pool has been contaminated by publicity and the prominence or heinousness of the alleged crimes. The attorney for a white former transit cop videotaped shooting a black passenger on New Year's day in Oakland wants his murder trial moved. And a venue change request also is expected in the nationally publized case of Melissa Huckaby, a Sunday school teacher accused of kidnapping, raping and murdering 8-year-old Sandra Cantu this spring in the agricultural town of Tracy. But prosecutors have taken steps to prevent that by, among other things, moving to keep grand jury transcripts sealed. "We don't want this case tried anywhere else," San Joaquin County prosecutor Thomas Testa said. "We want it to remain right here." Venue changes are a longshot in California, where the state Judicial Council reports that only four of the scores of requests during the past two years have been granted. "It's rare everywhere. Very, very rare," said Robert Weisberg, a law professor and director of the Criminal Justice Center at Stanford University. "The court system does not like it, because they're very complicated and expensive." Trial relocations are so uncommon nationwide that the U.S. Department of Justice or the National Center for State Courts in Williamsburg, Va., do not keep such statistics. Nor do three of the five largest states: Texas, New York and Illinois. To win a venue change, defense attorneys must prove that their clients cannot get justice in the county where the crime occurred. And they commonly argue that media attention or community bias preclude a fair trial. Sometimes they contend that the community is so small that potential jurors have a personal connection with the defendant. "The burden on the defense is fairly hard," said Mike Vitiello, a professor at the University of Pacific McGeorge School of Law in Sacramento, Calif. "Counsel has to do substantial investigation, polling prospective jurors to show not only familiarty with the case but a settled view of the guilt of the defendant." In Florida, Casey Anthony is charged with murdering her 2-year-old daughter, Caylee, whose remains were found last December near their home. And in May, her attorneys filed a motion to move her trial from Orlando to the Tampa area, citing heavy media coverage. "The local coverage has been so constant and at times so inflammatory that members of the local community have already formed their opinions without even hearing one piece of evidence," said Jose Baez, one of Casey's attorneys. Anthony might have a chance. According to the Florida State Court Administrator's office, there were approximately 87 change of venues in 2008 and 114 similar actions in 2007. Florida's extremely broad public records law often translates into extensive media coverage that makes it difficult to get a fair and impartial jury in a county where the crime occurred, said Lester Garringer, a senior attorney in Florida's Office of the State Courts Administrator. "To make matters worse, both the state and defense may at times use the media to try the case in the court of public opinion, rather than the courtroom," Garringer said. "Instead of wasting an extraordinary amount of time in attempting to seat a jury, it is sometimes easier for the court to just change venue." San Francisco Bay area defense attorney Michael Rains says he wants a venue change from Alameda County for Johannes Mehserle, the former transit officer who killed unarmed passenger Oscar Grant on Jan. 1. Rains argues that Mehserle, who has pleaded not guilty to murder charges, accidentally shot Grant when he mistook his handgun for a stun gun. Rains also cites the international media attention generated by amateur videos of the shooting and violent protests that followed the incident. And he notes that two judges have said publicly that they do not believe Mehserle's defense. "It would be nice to think that Mr. Mehserle can get a fair trial in Alameda County, but it's clear to me that he can't and he won't," Rains said after Mehserle was ordered to stand trial. However, Michael Cardoza, a criminal defense attorney who attended Mehserle's preliminary hearing, said, "I think they can get an impartial jury. You'd be surprised, but there are some out there who will say, 'I've heard something about it, but I didn't follow it.'" In another case with racial overtones, Columbus Allen Jr., a black man accused of killing white Highway patrolman Earl Scott in 2006, won a change of venue from Stanislaus County. In his ruling, Judge Hurl Johnson invoked the last case moved from the county _ the trial of Scott Peterson, who was convicted of slaying his pregnant wife and their unborn baby in 2002. "The gravity of the crime, the status of the victim, the content of the publicity and the extent of the publicity exceeds anything this court has seen in the community other than the Peterson case," the judge wrote. Email Story IM Story Printable View Blog This Sign in to recommend this article » 0 users recommend Related Articles: World Obama calls for 'honest debate' on health careAP - Sunday, August 23 Hurricane Bill nears US after brush with BermudaAP - Sunday, August 23 Greek forest fire rages near Athens, damages homesReuters - Sunday, August 23 Observers warn Afghan vote not universally freeAFP - Sunday, August 23 The Nation's WeatherAP - Sunday, August 23 Most Popular – World Viewed Egypt warns pharaohs' tombs could disappear Pandas could be extinct in 2-3 generations: report Ramadan begins on Saturday amid swine flu worries It's nuts! Squirrel becomes a Web sensation New economic data set to test Wall Street bull run View Complete List » Search: Home Singapore Asia Pacific World Business Entertainment Sports Technology Top Stories Most Popular Copyright © 2009 Yahoo! Southeast Asia Pte Ltd. (Co. Reg. No. 199700735D). All Rights Reserved. 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