Jury Picked for Deputy D.A.’s Trial : Lawyer Hints That Drinking May Play Part in Defense

The attorney for Deputy Dist. Atty. Wayne C. Mayer hinted Tuesday that Mayer’s use of alcohol will figure in his defense against a misdemeanor criminal charge of petty theft.

A jury was selected Tuesday in San Diego Municipal Court to hear the case against Mayer, 41, who is charged with stealing a power saw and a drill June 14 from the back of a pickup truck parked at DeAnza Cove.

The charges marked the second time in less than five years that Mayer, a 10-year veteran of the district attorney’s office, was accused of petty theft. He pleaded no contest in 1983 to a reduced charge of trespassing without ever appearing in court, revealing to police that he was a prosecutor or telling his supervisors of his arrest or conviction.

Court officials say Mayer is the first county prosecutor in memory to be tried on a theft charge.

During the questioning Tuesday of potential jurors, defense attorney Peter Hughes repeatedly asked if jurors had any strong feelings about the use of alcohol. He confirmed in an interview outside the courtroom that the questions were an indication of the tack he would take in defending Mayer.

Unusual Nature

The unusual nature of the proceedings was underscored by the efforts of Hughes, California Assistant Atty. Gen. John Swan and Judge Robert Stahl to gauge the prospective jurors’ attitudes about Mayer’s role in the prosecution of Sagon Penn.

Mayer was one of two prosecutors in the retrial of Penn, the Southeast San Diego man who was acquitted in July of the most serious charges he faced in the death of one San Diego police officer and the wounding of another. The alleged petty theft occurred during jury deliberations in the Penn case. The attorney general’s office, which investigated the charge after Dist. Atty. Edwin Miller disqualified his own office, withheld the filing of its case against Mayer until after the Penn jury had returned its verdicts.

At the outset of jury selection, Stahl told the panel of 36 prospective jurors about Mayer’s participation in the Penn trial. He urged them to reveal any biases they might harbor because of the case or any effect the publicity given both the Penn case and the charge against Mayer could have on their ability to be fair. One woman who said the publicity would color her judgment was immediately dismissed from the panel by Stahl.

The tall, brown-haired Mayer, who took notes on a legal pad during the questioning, is on unpaid leave from his $65,000-a-year job pending the conclusion of the case, when his status will be reevaluated. He faces a maximum penalty of six months in County Jail and a $1,000 fine.

Opening statements in the case are expected to be presented this morning, after the selection of two alternate jurors.