Plaintiff’s Attorneys Pleased : Gates Judge Drops Use of Jury Questionnaire

The U.S. District judge trying the $5-million civil rights suit against Orange County Sheriff Brad Gates withdrew a jury questionnaire Tuesday that was favored by Gates’ attorneys, apparently clearing the way for a verdict in the case as early as this morning.

The judge’s ruling cheered attorneys for the plaintiff, private investigator Preston Guillory. They had opposed the complicated jury questionnaire, intended to guide jurors through their deliberations, contending that its 27 questions subtly direct the jury toward a verdict for Gates.

U.S. District Judge Richard A. Gadbois Jr., who has presided over the trial of more than 5 weeks, initially permitted distribution of the questionnaire. But Tuesday, the third day of jury deliberations, the jury foreman reported that jurors were stuck on the first question.

The foreman, Mel Nolley of Laguna Niguel, told Gadbois that the jury had reached “mutual agreement on what the verdict should be” but felt that “the form leads us to sidestep what we think is the issue.”

Guillory’s lawyers were jubilant, interpreting the statement to mean that the jury is favoring a verdict against Gates.

Gadbois withdrew the questionnaire and gave Nolley a simplified, one-page form. “Yes, sir, that will be much simpler,” Nolley told the judge, and the jury resumed deliberations. Jurors adjourned, however, without announcing a verdict Tuesday and are scheduled to resume deliberation today.

Guillory’s suit alleges that Gates had his investigators trump up criminal charges against Guillory in 1984 as political harassment. At the time, Guillory had been a public critic of Gates, had worked on behalf of several Gates election opponents and had a lawsuit pending against Gates.

Guillory was acquitted of the criminal charges in 1985.