New Trial Motion Is Denied for Prep Star : Legal: Judge rejects charges that jurors improperly discussed murder case and that prosecutor improperly kept blacks off jury.

Offord Rollins IV, the Wasco, Calif., high school star athlete convicted of first-degree murder in April, was on Tuesday denied a motion for a new trial by a Kern County Superior Court judge in Bakersfield.

Rollins’ attorney, Timothy Lemucchi, had asked for a new trial last month after an alternate juror, Peggy Traylor, testified that the jury did not follow proper procedure by discussing the case before deliberation began.

In denying the motion, Judge Len McGillivray said that Traylor was not a credible witness and that the jury had enough evidence to convict Rollins. McGillivray also rejected a charge by Lemucchi that Rollins did not receive a fair trial because Rollins is black and the jury was all white.

McGillivray said prosecutor Lisa Green properly excused two potential black jurors. The judge said one of the blacks was acquainted with another lawyer who had been in Lemucchi’s firm and that the other potential black juror was a county employee who had used Lemucchi’s firm in the past.

“Current law does not give a minority defendant the right to have members of his group on a jury,” McGillivray told the Associated Press. “It requires only that they not be unfairly excluded.”

All of the original jurors, who are white, signed sworn affidavits denying any wrongdoing and charges of racism.

Rollins, 18, was found guilty in the shooting death of his former girlfriend, 17-year-old Maria Madera Rodriguez of Shafter, on Aug. 2, 1991. He has maintained his innocence since he was first arrested on Aug. 4.

Rollins, who in spring had broken into tears when the verdict was read, had a similar reaction Tuesday, and Lemucchi said his client asked to hold his hand after the judge read his decision.

“He reached out for my hand and asked me what we do next,” Lemucchi said. “I told him he has to hang in there and take it a day at a time. His options are not through.”

Emotion was high in the packed courtroom. Rollins’ supporters broke into tears and shouted at the judge, who spent 1 hour 15 minutes explaining his decision.

Under heavy security, Rollins was taken back to Lerdo Detention Facility in Bakersfield. He will remain there until he is released to the California Youth Authority some time in the next month.

McGillivray ordered the CYA to conduct an evaluation of Rollins, which is expected to take 60 to 90 days. When the evaluation is completed, the judge will hold a sentencing hearing. Punishment could vary, but Rollins is expected to receive 28 years to life, with possibility of parole after two-thirds of the sentence has been served. It is likely Rollins will serve his time in the CYA until he is 25 and then move to a full-security prison.

“The people will ask for the maximum sentence,” said Green, deputy district attorney for Kern County. “I know that’s what the victim’s family wants. This was a brutal crime.”

Lemucchi said that after sentencing, Rollins has 60 days to file an appeal. Lemucchi is unsure whether he will continue on the case since the appellate court could appoint counsel.

The case has had one of the highest profiles in Kern County history. Rollins was a star running back and state triple-jump champion last year as a junior at Wasco High, about 30 miles west of Bakersfield. He was not able to go out for either sport this year, although he did participate in the Sunkist Indoor Invitational last February, finishing second in the high school triple jump.

Community support was high for him throughout the trial. After the verdict, many members of Kern County’s black community rallied in support and formed the Justice for Rollins organization. They have held several rallies in the past couple of months and raised money for a defense fund. The Rev. Jesse Jackson spoke with Rollins recently, offering moral support.