A Stanislaus County judge will hear a defense attorney's arguments July 26 against conducting the trial of Columbus Allen Jr. II in Sacramento, the same day Allen's trial proceedings are set to begin in the capital city.
Attorney John R. Grele repeatedly has sought to try the death penalty case closer to his San Francisco law practice after successfully arguing in August that Allen could not get a fair trial in Modesto.
Allen, 34, is accused of murdering California Highway Patrolman Earl Scott during a traffic stop in 2006 near Salida.
Courtroom motions in the case against Allen could begin as early as July 27 in Sacramento, because neither Modesto Judge Hurl Johnson nor a state appeals court has halted the proceedings.
Grele and prosecutor Alan Cassidy declined to comment on the upcoming hearing.
Many death penalty trial experts say judges often pay careful attention to the choice of trial location because it could become an appellate issue down the line.
A judge may consider the hardship on witnesses, lawyers and the public, the relative costs and the effects of publicity when deciding where a trial should be held, said Bryan Edelman, a senior trial consultant with the Jury Research Institute near Walnut Creek.
Defense points out potential savings
Grele has argued that keeping the trial near San Francisco would save the public as much as $200,000 by keeping the defense team close to home.
"It's a pretty costly exercise," Edelman said. "It is a legitimate factor to argue."
Johnson has acknowledged there may be "concerns" about media coverage of Scott's slaying by Sacramento television stations, an issue Edelman said should be the most important factor in a change-of-venue decision.
Also under consideration is Grele's petition to keep Sacramento County Superior Court Judge Patrick Marlette from presiding over Allen's trial. The 3rd District Court of Appeal in Sacramento has yet to issue a ruling.
Marlette issued an opinion late last month saying he would not take himself off the case because Allen's attorneys had already exercised their one chance to switch judges without a specific reason.
Allen is charged with killing Scott about 4:40 a.m. Feb. 17, 2006. The slain officer was found at the edge of northbound Highway 99, south of Hammett Road near Salida, holding registration papers for a Nissan Maxima registered to Allen's wife, Bertera.
The district attorney's office has charged Allen with first-degree murder and three special circumstances that could lead to the death penalty.
He is being held without bail at the jail in downtown Modesto.
Bee staff writer Merrill Balassone can be reached at mbalassone@modbee.com or 578-2337.
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