Allen's attorneys can ask prospective jurors their race, judge rules

By SUSAN HERENDEEN
sherendeen@modbee.com

last updated: August 12, 2008 05:13:24 AM

Attorneys who represent the Stockton man accused of killing a California Highway Patrol officer argued the latest of several challenges to Stanislaus County's jury selection process Monday as part of an effort to show that black defendants cannot get fair trials in Modesto.

During a hearing in Stanislaus County Superior Court, Judge Hurl Johnson said lawyers for Columbus Allen Jr. II may ask potential jurors to fill out questionnaires about their ethnicity and income when they come to the courthouse for jury duty in the next two months.

The judge also said the court must disclose information about its jury selection process, including lists of more than 90,000 potential jurors who have been called for duty in the past two years and reasons why most were excused.

Johnson seemed skeptical, but he overruled an attorney for the court, who said data related to jury selection is not a matter of public record.

"If there's an allegation about improper jury selection in this county, it needs to be explored," he said.

Just what defense attorneys John Grele of San Francisco and Ramon Magaña of Modesto can do with the information remained unclear because the court does not keep information about the ethnicity of people called for jury duty and questionnaires offered in the next two months will be voluntary.

The lawyers plan to turn the information over to a jury selection expert to see if the findings can support a change-of-venue motion for Allen, who is scheduled for trial in Modesto on Oct. 14.

Some information already has been turned over by the court because Allen's lawyers have been making similar requests over the past year.

Allen, 32, of Stockton is suspected of killing CHP officer Earl Scott during a traffic stop about 4:40 a.m., Feb 17, 2006, on northbound Highway 99, just south of Hammett Road near Salida.

The slain officer's body was found a few minutes after the shooting because a passing motorist reportedly heard a shot and saw the officer drop. Scott was gripping registration papers from a Nissan Maxima registered to Allen's wife, Bertera.

Allen has been held without bail since a few hours after Scott's death. He was detained and later arrested after coming to the Stockton Police Department and claiming that his car had been stolen.

The district attorney's office has charged Allen with first- degree murder and three special circumstances that could lead to the death penalty.

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.

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