At High School, Justice Is Served

Eduardo Torres’ freedom was on the line.

A jury found him guilty in 2003 of robbing a video store with a knife. But on Thursday morning, his attorney told a panel of appeals court justices his client was denied a fair trial because the jury didn’t hear from an expert on witness identification.

The jurists, wearing black robes and serious expressions, listened intently.

The same could not be said for all 300 or so students in the audience, some who watched with rapt attention, others who slept contently.

The hearing was part of a routine oral argument presented to the state’s 4th District Court of Appeal. The location, however, was not routine: Two appellate panels were holding court at the auditorium of Pacific High School in San Bernardino.The justices, attorneys, court reporters, security guards and bailiffs, who normally conduct business in a Riverside courtroom, came to the home of the Pacific High Pirates to encourage students to consider careers in law.

“This is not a reenactment but a real court case with real people and real consequences,” Associate Justice Art W. McKinster told the students before the arguments began. The defendants were not present.

The Court of Appeal has conducted such hearings at other schools, but it was a first for Pacific. It was also the first time McKinster, a 1964 graduate of the high school, returned to the Elsie Gibb Auditorium as a justice.

Some of the students wore ties, slacks and dresses for the occasion; others shuffled in wearing jeans, tennis shoes and sweatshirts.

The justices heard two cases. The first involved Robert W. Overman, who was sentenced in 2003 to 12 years in prison for firing a gun into a building in Riverside. His attorney, Wilson A. Schooley, argued that the jury should have had the option of convicting Overman on a lesser charge if they believed he did not specifically target the building.

In the other case, Torres’ attorney, Richard Schwartzberg, argued that an expert on eyewitness testimony should have been allowed to testify to explain how an eyewitness can sometimes misidentify a suspect. Torres is serving a seven-year sentence for robbing a Blockbuster video store in Moreno Valley.

Prosecutors from the state attorney general’s office defended the convictions. The justices are expected to issue a final decision in the next few weeks.

Students had read background information on the cases so they could follow the arguments, according to school administrators.

But there was no way to prepare them for the legalese the lawyers unleashed during the hearings.

The attorneys and justices debated legal precedents, U.S. Supreme Court decisions, sentencing guidelines and such ominous-sounding terms as “accusatory pleadings tests.”

Though several students began dozing almost as soon as the hearings began, a few -- particularly members of the school’s mock trial club -- said their interest in law was aroused.

“It helps us to see how things really work,” said Rene Bailey, a senior and member of the club.

Still, she said, hearing the lawyers launch into such complicated arguments made the prospect of becoming an attorney a little intimidating.

Marcus Hall, another senior and club member, said he was impressed by how relaxed the lawyers seemed while arguing before the justices.

Hall said he hoped to help others through the practice of law and added that he also liked the expensive suits and ties some attorneys wear.

After the two-hour session, the justices and attorneys took questions from the students.

How much do the justices make? (About $164,000 a year.) How many cases does a justice hear? (Nearly 1,000 a year.) What do justices wear under their black robes? (The panelists laughingly shrugged off the question.)

Associate Justice Jeffrey King was asked whether his cases were as exciting as those shown on television’s “Law & Order.” King said he’d never watched the show, but “there isn’t anything more enjoyable to me than the law.”

After the students were dismissed, Principal Kenneth Martinez acknowledged that some of them may have been bored by the hearings. But he said the event was worth it even if it inspired only a few.

“I’ve got to reach these kids any way I can,” he said.