According to their lawyers, “based on this court’s recent findings concerning relevant events in this court, the actions and omissions of the trial judge and court security staff in completely excluding the public from attending any portion of the jury [selection] arguably violated defendants’ Sixth Amendment right to a public trial…and related precedent.”
Citing Presley v. Georgia, the lawyers argued “that such violation is a structural error that mandates reversal as a matter of law without any further into prejudice.”
“Accordingly, because the record establishes a substantial appellate issue within the meaning of [United States v. Handy] and because defendants have satisfied the remaining criteria set forth in section 3143, this court should order defendants’ release on bail pending conclusion of their appeal under such conditions as were previously imposed while they were awaiting trial,” the lawyers further said.
“In my view, there’s overwhelming evidence the public was not allowed” in the courtroom during the jury selection, said visiting federal court Judge Mark W. Bennett who conducted evidentiary hearings last month.
But Bennett said there is “no basis” that “any family members” were prevented from entering the courtroom “at all during jury selection because they were family members….”
In April 2009, Villagomez, his sister Mrs. Santos and her husband Mr. Santos were convicted of bribery, theft and wire fraud charges.
They have filed an appeal.
Villagomez, 48, is serving his sentence of seven years and three months in Tucson, Arizona.
Mrs. Santos, 51, and her 49-year-old husband each received a sentence of six years and six months in prison.
She is an inmate in Dublin, California while her husband is in jail in Atwater, also in California.
