Narrative Opinion Summary
The case involves petitioners seeking a writ of mandate to compel a change of venue for charges of soliciting prostitution under Penal Code section 647(b). The petitioners, employees of the Easy Street Theater, contend that extensive pretrial publicity has compromised the possibility of a fair trial in San Mateo County. The theater, notorious for its association with prostitution, has been the subject of significant media coverage and legal actions, including a recent injunction under the Red Light Abatement Act. Despite these circumstances, both the trial and superior courts initially denied the motions for venue change. Upon appeal, the appellate court conducted an independent review, considering whether the pretrial publicity and community perception of the theater as a hub for illicit conduct could prejudice a jury. The court determined that the publicity, although not directly implicating the defendants, was sufficiently pervasive to prevent an impartial trial and ordered a change of venue. The decision was concurred by Judges Caldecott and Rattigan, and the Supreme Court denied further review, with Justice Clark dissenting, thus ensuring that the petitioners would have their trials moved to a location where a fair jury could be assembled.
Legal Issues Addressed
Change of Venue under Penal Code Section 647(b)subscribe to see similar legal issues
Application: The appellate court determined that a change of venue must be granted if there is a reasonable likelihood that a fair trial cannot be achieved without it, focusing on potential prejudice rather than actual bias.
Reasoning: A change of venue is warranted if there is a reasonable likelihood that a fair trial cannot be achieved without it, meaning that the potential for prejudice does not have to be shown to be more than likely.
Impact of Pretrial Publicity on Venue Changesubscribe to see similar legal issues
Application: The petitioners successfully argued that extensive media coverage of the Easy Street Theater over many years created a community perception that could prevent a fair trial, necessitating a change of venue.
Reasoning: The petitioners argue that extensive pretrial publicity surrounding the Easy Street Theater, their workplace during the alleged offenses, necessitates a venue change.
Role of Community Perception in Fair Trial Assessmentsubscribe to see similar legal issues
Application: The court found that the theater's longstanding reputation as a hub for lewd conduct contributed to the perception that could impair the impartiality of a jury, thereby justifying the venue change.
Reasoning: The court recognizes that the defendants, as employees of Easy Street, might not receive a fair trial due to the pervasive awareness of the theater's reputation.