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ACLU Wants Change Of Venue In Topete Case

Change Is Necessary To Assure Basic Rights, Group Says

POSTED: 4:14 pm PDT July 7, 2008
UPDATED: 4:29 pm PDT July 7, 2008

The American Civil Liberties Union called on Monday for a change of venue in the case of a man accused of killing a Yolo County deputy.

The Yolo County Chapter of the American Civil Liberties Union (YCACLU) said the strong emotions of the sheriff's department, judges and local law enforcement would make it impossible for Marco Antonio Topete to receive a fair trial.

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

Topete, 35, has been has been charged with one felony count of murder with special circumstances in the death of Tony Diaz, who was a former court bailiff.

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

On June 18, the public and media were locked out of the Woodland courthouse during Topete's arraignment.

Yolo County Sheriff Ed Prieto said deputies forgot to unlock the doors and the incident was a misunderstanding.

"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."

Wormeli also said the violation raises concerns about who controls the legal procedures in the county, the sheriff or the judges.

Topete has two strikes against him under the state's three-strikes law. If convicted of killing Diaz, Topete faces a life prison sentence.

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