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Pending Case May Help Michael Jackson

By TChris

An AP story suggests that Michael Jackson may benefit from a case pending in a California appellate court. The trial judge in that case found that a county's failure to follow up when individuals receive but disobey a summons to report for jury service resulted in a jury that failed to reflect the racial diveristy of the county.

The lack of follow-up results in "a volunteer jury," said Los Angeles criminal defense attorney Steve Cron, who is familiar with the procedure. He said many Hispanics in the agricultural areas around Santa Maria are farm laborers who might not return the jury summons because they can't afford to take time off work for jury service.

The problem of courts failing to assure that jury pools reflect the demographics of the community is a familiar one to those involved in the criminal justice system. People who have fewer resources (such as day care or a permanent address) are less able to respond to a summons, skewing the jury to populations that do not reflect the community as a whole.

Whether the decision would benefit Jackson, even if ultimately favorable to the defense, is unclear.

Loyola University Law School Professor Laurie Levenson said the Jackson case could provide an unexpected twist: that Santa Barbara County residents who normally would not answer a jury summons may do so now with the high-profile trial looming.

Noted Los Angeles defense attorney Harland Braun suggests that Jackson would benefit from a trial in a more racially diverse community, but need not depend upon inadequate jury selection procedures as the basis for seeking a different venue. Braun would base a challenge on "the district attorney having polluted the potential jury pool in Santa Barbara County with his pretrial comments." He has a point. News of Michael Jackson's arrest and charging, as publicized in press conferences, has saturated media everywhere, but the residents of Santa Barbara County have the closest connection to the case and would thus have the most difficulty putting aside what they've heard about the accusations and viewing the evidence with open minds. A jury from a community less immediately connected to Michael Jackson would present a better opportunity for a fair trial.

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