Prospective Stalker Jurors Face Bias Quizzing

When the remaining 123 prospective jurors in the impending Night Stalker trial return to Los Angeles Superior Court this morning, they will be questioned for possible racial bias against people of Latino origin, including defendant Richard Ramirez.

Judge Michael A. Tynan agreed Monday to query jurors on the issue of racial bias at the request of Daniel Hernandez, the San Jose-based attorney who represents Ramirez.

Hernandez’s 11th-hour motion was not opposed by the prosecutors.

“It was not an unreasonable request,” Deputy Dist. Atty. Alan Yochelson said.

In granting Hernandez’s request, Tynan noted that the issue of potential racial bias is “an area of legitimate concern.” Tynan said his questions to the jurors will be based on language derived from two U.S. Supreme Court rulings.

Earlier, defense attorneys argued that the jury pool selection process unfairly excluded Latinos, but Tynan ruled that testimony did not support the contention.

Also Monday, more than a dozen additional prospective jurors were excused, including four who said they believe that they know someone on the prosecution’s list of 454 potential witnesses in the case.

Starting today, lawyers in the case will begin the final selection of a 12-member jury, as well as 12 alternates. The trial, which may take up to two years, is set to begin on Jan. 17.

In the final phase of jury selection, each side will be entitled to 20 pre-emptory challenges, meaning that both the prosecution and the defense may excuse up to 20 prospective jurors without explanation. There is no limit to the number of challenges for cause, but that decision ultimately rests with Tynan. As for the alternates, each side has up to 12 pre-emptory challenges.

Jury selection in the case began in July, and Tynan said he hopes to have a jury--plus 12 alternates--empaneled by Dec. 22, in time for the 10-day Christmas break.

“I expect this portion of voir dire (questioning of jurors) to proceed quite quickly,” Tynan said Monday.

The defendant is a 28-year-old drifter from El Paso, accused of killing 13 Los Angeles County residents and injuring others in a series of gruesome nighttime residential attacks three years ago. Ramirez also faces 30 other felony counts, including attempted murder, robbery and rape.

He faces separate felony charges in San Francisco and Orange County. If convicted, Ramirez could get the death penalty.

The defendant--shackled, as usual--appeared in court Monday in a dark three-piece suit, white shirt and red tie. In the afternoon, he also wore black sunglasses.

Since July, Arturo Hernandez, the second attorney on the Ramirez defense team and unrelated to Daniel Hernandez, has rarely appeared in court, prompting speculation that he intended to bow out of the case due to financial hardship, because neither he nor Daniel Hernandez is being paid by taxpayers’ funds to defend Ramirez.