Councilwoman wants change of venue

Sebastopol Councilwoman Linda Kelley is seeking to have her misdemeanor vandalism case moved to another county, arguing in court papers that because she is a lesbian, liberal and a politician, she can't get a fair trial in Sonoma County.

Kelley argued that news coverage and reader comments posted on The Press Democrat's Web site have subjected her to ridicule such that she will be prejudged as guilty.

Kelley, 53, a two-term councilwoman, has pleaded not guilty to keying a truck parked on a street in front of her home in September. If convicted, she could be sentenced to a year in county jail, fined $10,000 and ordered to pay restitution.

Kelley also faces unrelated misdemeanor drunken driving charges stemming from a May 20 arrest in Guerneville. That case also is pending.

A hearing on the change-of-venue motion is scheduled for Jan. 31.

Assistant District Attorney Christine Cook said the prosecutor is preparing papers to oppose Kelley's motion.

"We're confident the defense and the people can get a fair trial before the people of Sonoma County," she said.

A change of venue is rare in Sonoma County, usually reserved for the most heinous and attention-grabbing cases. The last trial to be moved was a case involving the 1998 murder of a Petaluma plastic surgeon. Theresa Ramirez, a disgruntled former patient, was convicted by a San Jose jury.

Legal experts said Kelley's motion has a slim chance of succeeding because it involves a minor crime that hasn't sparked much public outrage.

The vandalism case was reported to police by Alameda author Michael Zinsley, who was sleeping in his truck in front of the house of a friend, Sebastopol City Councilman Sam Pierce. Zinsley said he heard a loud scratching sound and got out of his truck's camper shell to see Kelley standing nearby.

Kelley and her attorneys have refused to comment on the allegations.

But in her motion seeking a change of venue, attorney Janet Langton describes Kelley's version of events the early morning of Aug. 5:

Kelley, a neighbor of Pierce, returned home about 3 a.m. after her night shift as a trauma nurse at Santa Rosa Memorial Hospital and parked behind a "dirty, muddy, scratched, dented, gray 1987 Toyota pickup."

As she walked past, she heard "loud panting noises" and "thought perhaps a distressed animal may be confined to the truck."

Kelley said Zinsley "suddenly jumped out from the back of the truck and confronted her in a loud, aggressive manner, and out of the blue accused her of keying his truck."

Kelley's attorney described Zinsley as a scuba instructor, engineer and "self-admitted drunk," citing his diving book, "Rapture of the Deep."

Langton argued that "there have been articles in numerous newspapers," TV and radio coverage, and letters to the editor commenting about the case.

The Press Democrat has published three articles and two briefs about the vandalism case. Four other articles or columns have made brief mention of the case in connection with the DUI case. None mentioned her sexual orientation.

On the newspaper Web site, readers can post comments about articles, and the comments are raised in the change-of-venue motion.

"Ms. Kelley . . . has been relentlessly attacked, tried and convicted in the press, editorials and commentaries. The commentaries show a particular hatred and disdain for lesbians and a profound prejudice against politicians and even toward Sebastopol residents," the change-of-venue motion said. "Under these circumstances, change of venue is Ms. Kelley's only hope for a fair trial."

Barry Collins, a veteran public defender, represented convicted killer Richard Allen Davis when the Polly Klaas murder trial was moved to San Jose in 1996. Collins said Kelley's motion has little likelihood of success.

"It's never going to happen," he said. "To get a change of venue, the case has had to saturate the public's perception, and it has to be something that is of monumental proportions. You have an extreme set of facts and an extreme kind of person."

Usually, judges require surveys of the community that offer evidence of whether a defendant can be judged fairly, he said. Collins said defense and prosecution surveys in the Davis case cost about $100,000 total.

Other widely covered cases in Sonoma County have included the sexual molestation case of Roman Catholic priest Don Kimball and the trial of Robert Scully, who was convicted of killing Sheriff's Deputy Frank Trejo. Both cases were heard by Sonoma County juries.

In addition to the trials for Davis and Ramirez, the murder trial of Ramon Salcido, who killed seven people, including his wife and two children, was moved out of the county.

You can reach Staff Writer Lori A. Carter at 568-5312 or lori.carter@pressdemocrat.com.