A change of venue was granted Thursday, Nov. 15, in the Renato Hughes murder trial by retired Superior Court Judge William A. McKinstry, following the second request by defense attorney Stuart Hanlon. A hearing will be held Dec. 14 at 8:15 a.m. in Department 3 of the Lake County courthouse in Lakeport to decide where the case will be heard.
“The relief on my son”s face, that”s what tells me that justice will be done,” Renato Hughes” mother Judy Hughes said outside the courtroom Thursday afternoon. Former San Francisco resident Renato Hughes, 23, is accused in the shooting deaths of his companions Christian Foster, 22, of San Francisco, and Rashad Williams, 21, of Brisbane in an alleged robbery gone bad at the Clearlake Park home of Shannon Edmonds on Dec. 7, 2005.
Rather than charging Edmonds, Lake Couty District Attorney Jon Hopkins elected to charge Hughes with the two men”s deaths under the Provocative Act doctrine, a clause that holds co-conspirators responsible in the commission of a felony that is likely to provoke deadly resistance. An autopsy of Williams and Foster revealed in January 2006 that the two men were shot in the back.
Hopkins will continue to prosecute the case. He said late Thursday that the burden of prosecution for the Provocative Act doctrine does not mean proving Hughes intended to kill his companions.
“There are two theories under which Hughes could be found to be responsible for actions that provoke a deadly response. If we do not prove that these young men broke into the house and committed a burglary or that they were engaged in a robbery, then the issue would be whether they did something else that would provoke a lethal response, and I have no idea what they”re going to claim happened. I just have my own evidence to go on,” Hopkins said.
McKinstry granted the motion based on a finding that 45 percent of the 150 potential jurors who filled out questionnaires were excused either because of racial prejudice or because they had formed an opinion on the case based on media coverage.
Hanlon said outside the courtroom that 10 percent of a jury pool excused for those reasons is a high amount. “This is not an attack or a slap on Lake County, it”s just that sometimes cases should not be tried where they occurred. I think Hopkins, as smart as he is, just didn”t see it coming. Lake County is not a bad county, it”s just bad for the case,” Hanlon said. McKinstry cited the case of Odle v. Superior Court, saying that proving actual prejudice existed was not necessary in considering a change of venue.
McKinstry said that in resolving a change of venue motion, “the defense does not need to show that actual bias exists, just a reasonable likelihood.”
McKinstry stated in conclusion, “The court entertains doubt that the defendant could receive a fair trial in Lake County.” He excused the 12 jurors the court had finished selecting Thursday morning after six days of individual questioning by the prosecution and the defense.
A change of venue was denied by Superior Court Judge Arthur Mann in March; McKinstry noted an admonition in that ruling that the change of venue could be revisited at a later date.
NAACP pursuing charges against homeowner
Following Thursday”s court ruling that the murder trial of former San Francisco resident Renato Hughes, Jr., 23, will be heard outside of Lake County, National Association for the Advancement of Colored People (NAACP) Richmond branch president Ken Nelson said he thinks the ruling is a step in the right direction.
“We believe it”s the right thing,” Nelson said. “This decision to change the venue may be able to … allow the residents of the area an opportunity to heal. This is a step in the right direction. We have a long way to go, because Mr. Hughes is still incarcerated and Mr. Edmonds is still enjoying his civil liberties.”
Hughes is charged under the Provocative Act doctrine for the deaths of two companions, who were shot in the back Dec. 7, 2005 as they fled the Clearlake Park home of Shannon Edmonds. The clause holds co-conspirators responsible in the commission of a felony if the action was likely to provoke deadly resistance.
Nelson said he doesn”t have in mind particular counties where he believes the case would be best heard. “The attorneys will work through that process, but the NAACP will monitor the process as it unfolds. Our main concern is that justice is truly served in this case ? equal justice.”
Nelson said in a Wednesday press conference on the steps of the courthouse in Lakeport that the NAACP planned to pursue further action in the case.
Nelson said the NAACP would contact the California and United States Attorney Generals” offices to pursue having charges filed against homeowner Shannon Edmonds.
The NAACP also announced its intention to contact the California State Bar Association to request an inquiry into alleged misconduct by Lake County District Attorney Jon Hopkins.
“Now that there has been a change of venue that might be energy misplaced,” NAACP state conference president Alice Huffman said regarding Hopkins.
“I don”t know what the trade-offs are in pursuing that, but I know that prosecutorial action needs to be taken against Edmonds.” Huffman said a legal meeting would take place Monday to determine how to proceed.
Hopkins said the court will select three counties, and the prosecution and defense will weigh in regarding which one is ideal at a hearing. A court date scheduled for Dec. 14 at 8 15 a.m. in Department 3 of the Lake County courthouse will likely give the three options.
Prior to the ruling, Hughes” defense attorney Stuart Hanlon told the Record-Bee Wednesday, “I think a perfect county would be Los Angeles, Sacramento would be fine, Alameda would be fine, Contra Costa would be fine.”
“Ordinarily, they try to find something close to the county,” Hopkins said, explaining the selection process. “They need to consider how much publicity there has been in other areas. So they may rule out everything in the Bay Area. Many more of the people in the San Francisco Bay area heard about the case than in the Lake County area.”
Contact Tiffany Revelle at trevelle@record-bee.com. To comment on this story or others, please visit www.record-bee.com/observer.
