If The Gay Juror is Out Then The Jury is Out } Judge

A San Diego judge dismissed an entire jury panel Tuesday, after prosecutors rejected a gay man as a potential juror in a same-sex marriage case.
Superior Court Judge Joan Weber ruled defendants in the case were denied a representative jury and called the actions of the city attorney's office "shocking," U-T San Diego reported ( http://bit.ly/IpSsxj).
Her ruling means the lawyers will have to pick a new panel if the case goes to trial.
The case stems from the Aug. 19, 2010, arrest of nine people who were protesting Proposition 8, California's same-sex marriage ban, at the county clerk's office. Defense attorneys say the peaceful protest did not disrupt business.
Prosecutors said in court that the potential juror indicated he had protested in support of gay rights issues in the past, so they deemed him an unsuitable juror for the case.
Outside the courtroom Tuesday, Assistant City Attorney Andrew Jones told the newspaper that the case is only about whether defendants unlawfully blocked the operation of the county clerk's office.
"It has nothing to do with same-sex marriage," Jones said.
Attorneys for the accused activists disagreed, saying prosecutors systematically excluded gay people from the jury.
"There has been a fundamental violation of a constitutional right to a jury trial by my client's peers," said Todd Moore, an attorney representing one of the defendants.
Six defendants still face charges in the case. The other three accepted a deal last year to plead no contest to an infraction, and had their cases dismissed in exchange for eight hours of volunteer work.
The judge urged the prosecutors to reduce the charges to infractions for the remaining defendants.
"I've never had so many jurors express concerns about why a prosecutor's office would move forward and spend time and money on a case of this nature," Weber told U-T San Diego.
The city attorney's office said if the defense proposes it, they would be willing to try the case without a jury on infractions rather than misdemeanors.
Proposition 8 was later ruled unconstitutional by U.S. District Judge Vaughn Walker. The decision is under appeal. adamfoxie*

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Judge Dismisses Jury Pool In 'Equality 9' Case

 

 SAN DIEGO -- A judge Tuesday dismissed an entire jury pool after lawyers for six same-sex marriage activists accused of trespassing complained that prosecutors had challenged a prospective juror based on his sexual orientation.

 

Superior Court Judge Joan Weber, ruling in the so-called "Equality 9" case, granted the defense's motion requesting that she halt jury selection and start over with a new pool.

Prosecutors objected to the judge's ruling, noting that the juror in question had indicated in his questionnaire that he had previously protested in support of gay rights in the past and was therefore not a suitable juror for the case.
The defendants are among five men and four women who were arrested on Aug. 19, 2010 as they demonstrated outside the county clerk's office, demanding that same-sex marriages be allowed in San Diego.
The nine were charged with misdemeanors related to unlawfully blocking the entrance to a public office. Three accepted plea agreements last September, leaving six to go to trial.
Attorney Dan Greene, who represents one of the defendants, said motions to dismiss a jury pool are filed occasionally but seldom granted.
A hearing is scheduled Wednesday to determine when the case will resume.
Weber has urged prosecutors to consider reducing the misdemeanor charges against the remaining defendants to infractions, saving taxpayers the cost of putting on a trial.
Prosecutors said they had discussed that possibility with City Attorney Jan Goldsmith and were prepared to proceed with the case as currently charged.
According to spokesman Jonathan Heller, the City Attorney's Office "is certainly willing to agree to try this case as an infraction if the defense proposes it."