ACLU in Yolo Says Topete Trial Should Move to Another County

The Yolo County Chapter of the American Civil Liberties Union calls upon the Yolo County Court to quickly secure a change in venue for the trial of Marco Topete, the accused killer of Sheriff's officer and former court baliff Tony Diaz.

The strong emotions of the Sheriff's Department, the judges, and others in law enforcement make it impossible for Mr. Topete to receive a fair trial in Yolo County.

"This change is necessary to assure basic rights to the accused as guaranteed under the United States Constitution," said Natalie Wormeli, YCACLU President.

Wormeli said the Chapter's position is based on the Sixth Amendment to the Constitution, which states in part that in all prosecutions, the accused shall have "the right to a speedy and public trial by an impartial jury."

Last week, Sheriff Ed Prieto confirmed that Yolo County Sheriff's Office personnel, including court bailiffs, locked out the public and press from Topete's arraignment.

"The Sheriff's Office forgot the basic charge of the Sixth Amendment," Wormeli said. "Everyone can understand the emotion the bailiffs must feel at the loss of their comrade. This is no excuse, however, for unprofessional and constitutionally prohibited conduct."

Natasha Minsker, an attorney with ACLU of Northern California, added, "The right to a public trial is a fundamental human right, protected by numerous international treaties, including the Universal Declaration of Human Rights. An open courthouse is the hallmark of a free society." A public trial concurrently protects both the rights of the defendant and the greater right of the people to know.

Wormeli said that this violation raises reasonable concern about who controls the legal procedures in Yolo County, the Sheriff or the judges, and also "whether the judge of the court can conduct a proper and fair trial in such an atmosphere."

"Those who attended last Saturday's funeral for Officer Diaz, including representatives of the YCACLU, were moved by the obvious suffering of Tony Diaz' family and the heartwarming support from his fellow officers in the face of this heinous crime," Wormeli said. "It is at these times that the criminal justice system, beginning with the trial court, faces its greatest challenge. When justice is pursued with every attention to fair procedure, even under these exceptional circumstances, then all citizens can be assured that the system is credible, reliable, and fair. The sacrifice of Officer Diaz demands that nothing interfere with a speedy and impartial public trial for his accused killer. The ability of the Yolo County Court to provide such proper procedures is in serious question. To remove any taint or threat of a procedural challenge later, the best thing to do is move the trial to another county."

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