Pubdate: 31 Dec 1998 Source: Houston Chronicle (TX) Contact: http://www.chron.com/ Forum: http://www.chron.com/content/hcitalk/index.html Copyright: 1998 Houston Chronicle Author: Steve Brewer TRIAL HERE PREFERRED FOR EX-COP Lawyer hopes for untainted jury pool An attorney for a former Houston police officer charged with criminal trespass in connection with the shooting death of Pedro Oregon Navarro said Wednesday that he hopes the case can be tried in Harris County. But Brian Benken, who represents 28-year-old James Willis, said he will push for a change of venue if it appears too many potential jurors have already made up their minds about the case because of the intense media coverage it received. "I'll urge it (the change of venue motion) if we can't get a jury," Benken said. "We want to try the case here, but my fear is that we'll get into questioning these people and there may be some problems." Benken said potential jurors might have been tainted by the coverage because he thinks much of it has been "one-sided" and because many community leaders that people listen to have given opinions on what they think happened. Those opinions, Benken said, could unfairly influence people in the jury pool. Prosecutor Edward Porter said he doesn't think it will be necessary to move the trial. But both Benken and Porter agree that the trial will provide an opportunity to clear up what they say are misconceptions about the case. Jury selection is scheduled to start Tuesday morning in Willis' case in Harris County Court-at-Law Judge Neel Richardson's court. Because it's a misdemeanor case, only six jurors are required. It was not clear Wednesday how long testimony was expected to last or if alternate jurors would also be selected. Willis was the only officer charged in connection with the July 12 death of Oregon. Six officers burst into Oregon's residence after receiving a tip from an informant that drugs were being sold. The officers opened fire on Oregon after another officer accidentally fired his weapon. Oregon was shot 12 times, including nine times in the back. The officers contend Oregon was armed and pointed a gun at them. The officers did not have an arrest or search warrant, and Oregon's gun had not been fired. No drugs were found in the apartment. The shooting touched off a controversy, and protesters heaped criticism on the Houston Police Department and later on the Harris County district attorney's office when Willis was the only one indicted after a lengthy grand jury probe. All six officers eventually were fired, but the case also has spawned a multimillion-dollar federal civil rights lawsuit filed by Oregon's family against the city, and a continuing FBI probe into the shooting. Porter would not comment on why Willis, who is appealing his dismissal, was the only officer charged. "That will be much clearer once testimony starts," Porter said. But Porter does think the trial will give the community a chance to find out what really happened the night Oregon died. "I don't think anybody out there has any clue about what happened in there except us," Porter said. "There's so much misinformation out there right now, and that's because we can't talk about it." >From the defense perspective, Benken agreed. "We're at a disadvantage. We haven't been able to tell the whole story. Hopefully, this will give people a chance to make up their minds after they hear all the facts." Porter and Benken both agreed on common misconceptions they think people have about the case and they both blame the media. Porter said many people believe Oregon was unarmed and that's not the case. There also have been others who have claimed that Willis and the other officers kicked in Oregon's door and shot the locks off of it when they went inside the apartment, Porter said. That too is not true. Porter said it's also not true that the officers immediately went to Oregon's apartment after talking to the informant. There was, he said, a period of time between contact with the informant and the raid. And Benken also points out that an "incorrect spin" has been put on the gunshot wounds to Oregon's back. Porter agrees. Benken said previous reports have made it seem that Oregon was shot in the back while standing or lying down. But he said the trajectory of the wounds indicates that those shots entered Oregon's body as he moved toward officers. That, Porter said, would be consistent with what officers say happened once they entered the apartment. "All of those shots were at an extreme angle and very consistent with Oregon going to the ground in the direction of the officers," Porter said. One of the witnesses that could help clear up any confusion is Willis himself. Benken said he might testify and it's also possible jurors will hear from the other officers involved. The charge against Willis is a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine. - --- MAP posted-by: Mike Gogulski