Judge Orders Two Juries in Murder Trial : Court: In an Orange County first, separate trials of defendants in a drive-by slaying case were consolidated but two panels of jurors will hear the evidence.

For the first time in Orange County, a Superior Court judge Monday ordered defendants in a murder case to be tried by two separate juries but simultaneously and in the same courtroom.

Two separate trials previously had been ordered for the three defendants, charged with the 1989 murders of a 4-year-old boy and a rival gang member who were killed in a drive-by shooting. One of the defendants was to have been tried later because his attorney had a schedule conflict.

But in a move to save time and money, Superior Court Judge Tully H. Seymour on Monday ordered the trio to be tried in Harbor Court at the same time--but by two separate juries--because the attorney’s scheduling conflict was resolved.

“It’s very unusual,” Seymour admitted during an interview Monday. “But it will be a very fair, efficient process.”

Although it has been done elsewhere in the state, it will be the first time that two juriesl have been seated in the same Orange County courtroom to hear evidence in separate cases.

Among those applauding the move were Chief Deputy Dist. Atty. James Enright and one of the defendants’ lawyers, attorney Julian Bailey.

“It will save money and witnesses’ inconvenience. It’s absolutely the best solution. It’s better than having two trials,” Enright said.

“I’m convinced it’s the best way to go,” echoed Bailey. “It protects everyone’s rights and preserves judicial economy.”

Ramon Gabriel Menchaca, 19, Louis Palomino Valadez, 28, and Robert Figueroa, 20, all are charged with murder and attempted murder in connection with the Sept. 16 attack on a Garden Grove home that left 4-year-old Frank Fernandez Jr. and Miguel (Smokey) Navarro, 17, dead. At least six others were wounded, including the toddler’s mother, aunt, and 2-year-old brother, as well as a 26-year-old man who lost his leg due to bullet wounds.

A fourth suspect, a 14-year-old boy whose name is being withheld because of his age, was also arrested and faces charges in Juvenile Court in connection with the case.

Garden Grove police alleged that the four are members of Santa Ana’s Fifth Street gang. They have accused the juvenile and Menchaca of riding in the back of a red pickup truck and firing semiautomatic rifles into the crowd of 13 people assembled outside the Garden Grove home.

All three adult defendants initially were to be tried together. But because Menchaca’s attorney, Tom McDonald, was in trial in another gang case, the case was severed from the others and Menchaca’s trial was to be held separately at a later date.

That all changed when McDonald’s other case was resolved and Menchaca requested to be tried immediately, according to Chief Deputy Dist. Atty. James G. Enright. Meanwhile, jury selection had already begun in the case against Valadez and Figueroa, and the prosecution was expected to begin its case sometime this week.

When McDonald said his client was ready to go to trial, the prosecution initially wanted to consolidate all of the cases, but the defense attorney argued that his client had not been present during the jury selection and wanted his own jury.

McDonald could not be reached for comment on Seymour’s decision Monday. But attorney David A. Zimmerman, who represents Valadez, strongly objected to the move.

“I would much prefer to have one jury,” said Zimmerman. “Can you imagine how cumbersome it will be? The geography of the courtroom does not lend itself to two juries . . . .

“When I question a witness . . . and catch them in a lie, I like to be able to see the looks on the jurors’ faces,” Zimmerman said. “But that will be difficult in this case. I won’t know where my jurors are going to be sitting.”