Thursday, January 3, 2008

If You Lean 80 Degrees Left....

Everyone else looks right. From the January 2, 2008 Santa Rosa Press-Democrat:
Sebastopol Councilwoman Linda Kelley is seeking to have her misdemeanor vandalism case moved to another county, arguing in court papers that because she is a lesbian, liberal and a politician, she can't get a fair trial in Sonoma County.

Kelley argued that news coverage and reader comments posted on The Press Democrat's Web site have subjected her to ridicule such that she will be prejudged as guilty.

Kelley, 53, a two-term councilwoman, has pleaded not guilty to keying a truck parked on a street in front of her home in September. If convicted, she could be sentenced to a year in county jail, fined $10,000 and ordered to pay restitution.

Kelley also faces unrelated misdemeanor drunken driving charges stemming from a May 20 arrest in Guerneville. That case also is pending.

A hearing on the change-of-venue motion is scheduled for Jan. 31.

Assistant District Attorney Christine Cook said the prosecutor is preparing papers to oppose Kelley's motion.

"We're confident the defense and the people can get a fair trial before the people of Sonoma County," she said.

A change of venue is rare in Sonoma County, usually reserved for the most heinous and attention-grabbing cases. The last trial to be moved was a case involving the 1998 murder of a Petaluma plastic surgeon. Theresa Ramirez, a disgruntled former patient, was convicted by a San Jose jury.

Legal experts said Kelley's motion has a slim chance of succeeding because it involves a minor crime that hasn't sparked much public outrage.

The vandalism case was reported to police by Alameda author Michael Zinsley, who was sleeping in his truck in front of the house of a friend, Sebastopol City Councilman Sam Pierce. Zinsley said he heard a loud scratching sound and got out of his truck's camper shell to see Kelley standing nearby.
For those of you not familiar with Sonoma County, this request for a venue change because of being liberal, lesbian, and a politician is roughly equivalent to a Klansman in 1955 Alabama accused of assault on a civil rights activist demanding a change of venue to a less hostile jury pool.

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