A shortage of available jurors has temporarily delayed the
opening of the Robert Orabuena manslaughter trial.
Orabuena, 41, of Gilroy was scheduled to go on trial Tuesday for
misdemeanor charges of vehicular manslaughter, reckless driving and
one vehicle code infraction of driving without proof of
insurance.
A shortage of available jurors has temporarily delayed the opening of the Robert Orabuena manslaughter trial.
Orabuena, 41, of Gilroy was scheduled to go on trial Tuesday for misdemeanor charges of vehicular manslaughter, reckless driving and one vehicle code infraction of driving without proof of insurance.
The charges against Orabuena stem from a July 4 accident on Fairview Road that ended with the death of Joseph Judnick, 48, of Salinas.
Superior Court Judge Alan Hedegard cut short the jury selection process at about 12:30 p.m. Tuesday when the court ran out of eligible jurors.
Defense and prosecuting attorneys quickly went through the panel of 42 residents who showed up at the San Benito County Courthouse for jury duty.
However, by the time the court weeded out the jurors with conflicts or personal hardships that prevented them from making the three or four day commitment required for the misdemeanor trial, there were only 18 people left as potential jurors.
It took prosecutors a little more than a half an hour to complete their interview of the jury and excuse eight of the 18 potential jurors with their preemptory challenges. A preemptory challenge is a court procedure that gives both the defense and the prosecution the right to remove any witness they choose to.
Once there were fewer than the necessary 12 jurors, Hedegard stopped proceedings and pulled defense attorney Arthur Cantu and Deputy District Attorney Denny Wei aside and told them that court would resume jury selection this morning at 9 a.m. after bringing in more potential jurors.
Cantu, who has been practicing locally for nearly a decade, said Tuesday’s delay was nothing unusual for this county.
“San Benito County, being the small size that it is and being that many companies in this county cannot afford to let employees off for several days, so for them it is a hardship,” Cantu said. “We need to find a better way to support our jurors.”
Cantu suggested the county could come up with ways to make jury selection a little more “juror friendly” to reduce the number of people who cannot serve.
“The jurors are the foundation of our justice system,” Cantu said.
Wei, who declined to comment on the facts of the case said he expects the trial will get underway today without much problem.
Cantu called the prosecution of Orabuena “a complete waste of time and the taxpayers’ money,” because he said he believes District Attorney John Sarsfield should have seen the case for what it was – a tragic accident – and left it at that.
