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LAKE COUNTY — The prosecution and defense are both hopeful that a date will be set to begin the Renato Hughes Jr. Murder trial at a Feb. 22 court date in Contra Costa County. Contra Costa was selected as the court venue for the trial Jan. 21 after a San Francisco defense attorney Stuart Hanlon requested the change for the second time at the end of jury selection in Lake County.

Former San Francisco resident Renato Hughes, 23, is charged under the Provocative Act doctrine for the deaths of Christian Foster, 22, of San Francisco, and Rashad Williams, 21, of Brisbane. The men were shot in the back Dec. 7, 2005 as they fled with Hughes from the Clearlake Park home of Shannon Edmonds in an alleged home invasion robbery. The Provocative Act clause holds co-conspirators responsible in the commission of a felony if the action was likely to provoke deadly resistance.

“What is expected to occur is a discussion with the presiding judge about the length of the trial, issues in the trial and our availability and schedules. We”re going to try to settle on a trial schedule that works for my cases that are calendared ? my schedule, Hanlon”s schedule and the court”s schedule,” Lake County District Attorney Jon Hopkins said Monday.

Retired Lake County Superior Court Judge William A. McKinstry granted the court venue change Nov. 15. Hopkins said Monday that Contra Costa Superior Court Judge Terence L. Bruiniers will preside over the hearing.

A call to the Contra Costa County Superior Court clerk Monday yielded confirmation that the case file was physically received in the court office and that it will be heard in Dept. 1. Hopkins said Bruiniers may assign a Contra Costa judge to hear the case.

“McKinstry was assigned by the judicial council and came in as a visiting judge. He must have, from all appearances, decided he was finished with the case when he granted the change of venue,” Hopkins said.

Hanlon said he is trying another case in April and cannot begin the Hughes trial until mid-May.

“The problem is that we need to have an open-ended end point. We need to have date to start the trial and be free to have it have continue to the end,” Hanlon said. He said he expects the murder trial to take between four and six weeks.

Hopkins said he believes the trial will take between four and five weeks, and expects to call between 25 and 30 witnesses. Hanlon said he plans to call 15 witnesses.

Edmonds testified in Lake County Superior court previously that Hughes and his two companions broke into his home and demanded marijuana he said he grows for medical purposes. When Edmonds resisted, he said the three men assaulted his fiancee and beat his 17-year-old son with a metal bat.

Contact Tiffany Revelle at trevelle@record-bee.com.

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