Jury Selection Process for Famalaro Delayed

Hundreds of potential jurors in the murder trial of John Joseph Famalaro answered written questionnaires Monday regarding their attitudes about the death penalty, but oral questioning was postponed until next week.

Just before Monday’s court session, a defense attorney learned of her sister’s death, prompting the delay.

The jury pool, which began two weeks ago with more than 1,200, has been whittled down to fewer than 250. Almost all of the excused potential jurors cited personal hardships, but a few told Superior Court Judge John J. Ryan that they did not believe they could be fair if selected for the high-profile case.

One woman who told the judge that she had served on five juries without a problem said she had a “strong feeling” this time. Thoughts about the slaying of Newport Beach resident Denise Huber have haunted her since a preliminary screening of jurors this month. “I see her face in front of me all the time now,” the woman said, her voice filled with emotion.

Famalaro, 39, is accused of kidnapping, sexually assaulting and bludgeoning the 23-year-old Huber after her car broke down on the Corona del Mar Freeway in June 1991. He was arrested three years later after authorities found Huber’s body in a freezer in a stolen rental truck parked in the driveway of Famalaro’s home in Dewey, Ariz. He has pleaded not guilty. The prosecution is seeking the death penalty.

During the daylong proceeding, some potential jurors cited medical ailments that they said would prevent them from serving in the trial, which is expected to last 10 weeks. One man told the judge that he has a condition that causes him to instantly fall asleep when relaxed. He was excused.

Those remaining will return Monday for a jury selection process that could last more than three weeks.

All major legal hurdles that could have further delayed the trial appear to have been cleared. Last week, the California Supreme Court declined to consider a change of venue request, and the 4th District Court of Appeal refused to review a motion to suppress evidence.

“It’s all systems go,” said Deputy Public Defender Leonard Gumlia.

Gumlia said in court Monday that he anticipates renewing a defense request for a change of venue.

Defense attorneys contend that their client cannot get a fair trial in Orange County because of intense pretrial publicity.

Gumlia raised concerns about a man in the jury pool who was overheard saying, “I don’t want to sit up front and look at that piece of scum” as he entered the courtroom Monday. Gumlia said it’s “scary” to him because the man had professed to be neutral on his questionnaire.

Ryan said he will review the questionnaires over the next few days and then decide whether he will need to order more potential jurors.

In a separate hearing Monday, Superior Court Judge Kathleen E. O’Leary, who is presiding over pretrial evidence issues in the case, ruled that the prosecution will be allowed to present as evidence a journal found in Famalaro’s Arizona home. She also allowed as evidence a card found in Famalaro’s Rolodex with the telephone number of a cryogenics company.

Deputy Dist. Atty. Christopher John Evans would not comment on the Rolodex card or say whether it has any significance. Gumlia had argued that the items were improperly seized.

Deputy Public Defender Denise Marie Gragg was not present for Monday’s proceedings because of the death of her sister after a long illness. Gragg is expected back in court next week, Gumlia said.