Case Name: People v. Pena , District: 4 DCA , Division: 2 ,
Case #: E052558
Opinion Date: 7/13/2012
, DAR #: 9678
Case Holding:
The public and the defendants' Sixth Amendment right to a
public trial was not violated when the defendants' family was excluded from the
final portion of the trial based on reports from two jurors that the family was
following them outside of court. In this trial of gang related charges, two
jurors informed the court clerk that they believed defendants' family members
were following them and that it made them uncomfortable. The judge excluded the family members during
the last 30 minutes of testimony, closing argument, and jury instruction. The appellate court found no error. The United States Supreme Court has made it
clear that the right to an open trial may give way to such interests as the
defendant's right to a fair trial.
(Waller v. Georgia (1984) 467 U.S. 45.)
Here, the trial court identified three interests that it found that
prevailed over the right to an open trial: the right of the defendants to a
fair trial; the right of the jurors to feel free of intimidation; and the right
of jurors to an undelayed conclusion of their duty as jurors. The exclusion, coming at the end of the
trial, was found to be de minimis and no broader than necessary to protect
these three interests. Considering other
alternatives, exclusion was reasonable under the circumstances.
Pursuant to the 6th Amendment to the US Constitution, you have the right to a fair trial. This does not mean that you have the right to have family members follow jurors outside of the court room in an effort to intimidate them. The right to trial is an important right that should be respected. You also will need a lawyer who has jury trial experience. As a former Deputy Public Defender I have handled a vast amount of jury trials ranging from low level misdemeanors to high level felonies. Contact the Law Office of George M. Derieg if you want a lawyer who has the experience you need when faced with dire circumstances.
George Derieg
Attorney at Law
510-355-2747
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