Seymour Amster, an attorney for Garcia, told Superior Court Judge Teri Schwartz that possible jurors in the area — which includes Burbank and Pasadena — could be swayed by the memory of the crime.
“We might have to do a survey [of potential jurors] for a change of venue, or at least a change of judicial district,” he said.
Amster favors a trial in downtown Los Angeles, a setting that could offer a more objective jury pool in a location removed from the area.
“This issue would be completely alleviated if it was moved downtown,” he said.
But prosecutors, wary of losing sympathetic jurors in a case that still galvanizes public opinion four years later, favor a local trial.
“We would like to stay in Pasadena,” Deputy Dist. Atty. Keri Modder said.
On Nov. 13, Burbank honored the memory of Pavelka as hundreds of officers and city officials commemorated the four-year anniversary of his death with a ceremony that closed numerous city blocks.
The decision to stay in Pasadena will be left to a supervising judge at the Pasadena courthouse and could depend on the court’s caseload, Schwartz said.
“We keep some long cases and not others,” she said, referring to what could be a lengthy trial.
Garcia was arrested in 2003 and arraigned in 2004. According to California law, a defendant must be brought to trial within 60 days of the crime.
But Garcia, who appeared in court Tuesday wearing an orange jumpsuit and cuffs around his wrists and ankles with a chain attaching the two, waived his right to a speedy trial. He also has the right to have a trial 20 days from Jan. 14, but he gave up that right as well, Schwartz said.
Despite the delay, the trial could take place as early as April and as late as June, she said.
Prosecutors prefer a trial four months from Jan 14., while Amster favors one six months from that date.
“We feel a realistic jury trial date could be set in June,” he said.
JEREMY OBERSTEIN covers City Hall and public safety. He may be reached at (818) 637-3242 or by e-mail at jeremy.oberstein@ latimes.com.
