Accused killer wins access to jury pool data
An alleged gang commander charged with murdering a Novato teenager is entitled to the names and ZIP codes of everyone in the Marin County jury pool, a state appeals court ruled.
Edenilson Misael Alfaro, whom authorities link to the Latin American MS-13 gang, is awaiting trial in the slaying of Edwin Guerra, a Novato High School student, in 2016. Alfaro’s lawyers allege he cannot receive a fair trial in Marin because Latino residents are disproportionately excluded from juries.
To substantiate the claim, his lawyers subpoenaed the county’s master list of prospective jurors, among other information. The defense cited a 1984 appeals court decision that affirmed such juror lists as public records.
The county’s jury commissioner opposed the subpoena on various grounds, including juror privacy and changes in the law since the 1984 decision.
During the litigation, an expert on demography in jury selection attempted to analyze the jury landscape in Marin County. Using census data, the expert determined that Latinos comprise 7.9% of the “jury- eligible” population in Marin, according to the appeals court. Then he reviewed a 2013 trial and estimated that the county’s roster of 1,800 prospective jurors was 5.2% Latino.
“He thus opined there was a 2.7 percent absolute disparity, and a 34 percent relative disparity, between jury- eligible County residents who were Hispanic and prospective jurors who were Hispanic,” the appellate ruling said. The expert could not explain the disparity without additional information about the county’s screening process.
Judge Andrew Sweet rejected Alfaro’s motions. The defense appealed to the 1st District Court of Appeal in San Francisco.
In a decision released on Dec. 9, a three-judge panel ruled unanimously in Alfaro’s favor. The court ordered Sweet to grant Alfaro access to the records so his lawyers can try to make a case about fair jury representation in Marin.
“We find no basis to conclude that privacy rights preclude disclosure of the names and zip codes on those lists,” Justice Mark Simons wrote.
Andrea Roth, a law professor at the University of California, Berkeley, said the ruling highlights a “Catch-22” in the jury selection process: Defendants need data to file claims of demographic imbalances in jury pools, but they can’t gain access to that data without first showing evidence of underrepresentation.
“The defendant doesn’t
want to be convicted by a jury that’s not a cross-section of the population. The public shouldn’t want that either,” said Roth, a former public defender. “It should bother everyone if jury pools are not representative of the community.”
Alfaro is due back in court on March 15 for a status hearing. His trial is set for August.
District Attorney Lori Frugoli declined to comment on the appellate ruling because the case is still in progress. Sarah Overton, the lawyer for the county jury commissioner, also declined to comment, as did Michael Burt, Alfaro’s lead defense attorney.
In November, before the appellate ruling came out, the prosecution reversed its plan to seek the death penalty in the case. A brief filing by the district attorney’s office said prosecutors “have reevaluated their position.” Frugoli declined to comment on the change, again citing the pending litigation.
Alfaro, 26, is one of eight defendants charged in the case. Authorities said Guerra, 17, was lured to a waterfall at the end of Fairway Drive, ambushed, shot and hacked with a machete. A friend who was with Guerra was shot, feigned death and escaped.
Alfaro and Juan Carlos Martinez Henriquez, 19, are awaiting trial on charges of murder, attempted murder and maiming.
Three defendants pleaded guilty to being accessories. Two are still fugitives. Another had his charges dismissed for insufficient evidence but pleaded guilty to a gang recruitment felony.
Alfaro also has pending homicide cases in Washington state and Maryland, along with a separate Marin County charge of trying to arrange the murder of an accomplice who cooperated with investigators.