Councilwoman's change of venue request denied

Sebastopol Councilwoman Linda Kelley lost her bid Thursday to move her misdemeanor vandalism case out from of Sonoma County.

Judge Dana Beernink Simonds rejected Kelley’s motion for a change of venue, saying the elected official had failed to show that she could not receive a fair and impartial trial in Santa Rosa.

Kelley, 53, a two-term councilwoman, has pleaded not guilty to using a key to scratch a truck parked near her Sebastopol house in September. The truck belonged to the friend of fellow council member Sam Pierce, who lives on the same street as Kelley.

Beernink Simonds noted the media coverage on the case and the resulting letters to the editor were “mixed in favor of and against the defendant.” She noted that Sebastopol council members and others had spoken out to say that Kelley is to be presumed innocent.

Kelley did not appear in court Thursday.

“Clearly we’re disappointed,” Kelley’s attorney, Lisa Gygax of Forestville, said after the brief hearing.

However, Gygax noted that the judge expressed a willingness to reconsider the issue if new facts come forth. The attorney said if jurors are aware of the press coverage, she is prepared to renew the motion.

Prosecutors had opposed Kelley’s motion. Deputy District Attorney Tom Gotshall said in court Thursday that Sonoma County’s population of nearly 500,000 residents would provide an adequate pool of impartial jurors.

The judge set a trial date of March 25. If convicted on the vandalism charge, Kelley could be sentenced to a year in jail and fined $10,000.

Kelley also faces misdemeanor drunken-driving charges stemming from an arrest in May in Guerneville. Beernink Simonds set that trial for April 15.