CHP Officer Erich Paarsch shows the drugs he reportedly found in Sarah Theiss' vehicle Monday. Photo courtesy of the CHP.

Sarah Jean Theiss, 25, was arrested Monday afternoon following a traffic stop by California Highway Patrol Officer Erich Paarsch, according to CHP Officer Adam Garcia.

At about 3:55 p.m. Monday Paarsch was on his way to assist the CHP Ukiah office with a fatal collision on Highway 20 just past the county line, said Garcia.

As he was heading to the accident dispatch advised him that a possible drunk driver had hit a fence in Upper Lake and was leaving the scene, traveling westbound on Highway 20, according to Garcia.

Paarsch spotted the vehicle, which reportedly was crossing into oncoming traffic, and he made a traffic stop, Garcia reported.

On stopping the vehicle, Garcia said Paarsch found Theiss, the vehicle's only occupant, had allegedly been drinking. He conducted an investigation and subsequently arrested Theiss for driving under the influence.

After arresting Theiss, Paarsch searched the vehicle and found 9.6 pounds of marijuana packed for sale in her vehicle, according to Garcia. Theiss offered no explanation for the marijuana despite being the solo occupant and registered owner of the vehicle.

She was taken to the Lake County Jail and charged with driving under the influence, possession of marijuana for sale, transportation of marijuana and hit and run with property damage, according to booking records. Bail was set at $22,740.

Theiss, who had posted bail and been released by Tuesday morning, is due to appear in court on the charges on Jan. 14, 2008, according to booking records.

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SPC Peter Schmidt and an Iraqi child. Schmidt died Nov. 13 in Iraq. Courtesy photo.

LAKE COUNTY – A soldier with ties to Humboldt and Lake counties was killed last week in Iraq.

“We lost a hero,” Ginny Craven of Operation Tango Mike said in a statement released Monday on the death of SPC Peter W. Schmidt, 30, of Eureka.

Schmidt, who was serving in Operation Iraqi Freedom, was killed in action Nov. 13 in Mikhisa, Iraq, when an improvised explosive device detonated during dismounted combat operations.

He was assigned to the 2nd Battalion, 23rd Infantry Regiment, 4th Stryker Brigade Combat Team, 2nd Infantry Division, Fort Lewis, Wash., and had been deployed since April, according to Craven.

Craven founded Operation Tango Mike, a local group that sends troops overseas care packages. She said Schmidt's cousin, Valerie Donelson of Kelseyville, told her about him, and he became a recipient of the group's care packages.

Schmidt's death has been taken hard by the Operation Tango Mike volunteer family, who are also grieving, as they have lost one of their own, said Craven.

A graduate of Arcata High School, Schmidt is being remembered as a creative, athletic and kind man, who signed up for the military during wartime because he wanted to make a difference, Craven reported.

Schmidt wrote frequent and informative letters, describing daily life, rewards and disappointments in a war zone, Craven reported. He marveled at the Iraqis’ determination and often shared candy and other prized items with Iraqi children.

He enlisted in 2004, knowing the likelihood of being deployed to Iraq, Craven reported. The prospect did not deter him; in fact, he wanted to go to Iraq to contribute and to make a difference in the lives of the Iraqi people.

Another example of Schmidt’s giving nature was his Web page, according to Craven. Schmidt shared photos, giving folks a glimpse of everyday life in a war zone. He expressed his frustrations, but continued giving of himself. Not only did he post pictures of military equipment, but he shared pictures of himself interacting with Iraqis.

“He was indeed making a difference,” said Craven.

Schmidt is survived by his parents, Mike and Marianne Schmidt of San Jose; siblings, Andrew, Amy and Daniel; grandfather, Bill Schmidt and aunt, Diane Sigola, both of Cloverdale; and cousin, Valerie Donelson of Kelseyville.

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Judge Stephen Hedstrom sentenced Craig Alvin Lemke, 45, to 68 years to life in prison for the February 2006 home invasion robbery of an elderly Lower Lake couple, as Lake County News previously reported Friday.

Lemke was convicted by a jury of the crime on Oct. 2.

The stiff sentence resulted, in part, because the jury found Lemke was guilty of two prior “strikes,” one of them a similar home robbery, Chief Deputy District Attorney Richard Hinchcliff said Thursday.

On Friday, Lemke's attorney, Jason Webster, reported that Lemke filed an appeal on Thursday, the day of the sentencing. However, Webster said he wasn't able to further discuss the appeal.

Along with Lemke, Joe Moncivaiz Jr. was accused of taking part in the robbery. According to a previous report from Hinchcliff, the two men had bound the elderly couple with tape before stealing thousands of dollars in cash, guns and ammunition.

Moncivaiz admitted his participation and pleaded guilty to first-degree burglary, Hinchcliff stated in an October interview.

Webster said Moncivaiz received a “substantial deal” in the case and was reportedly sentenced to only four years in prison.

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Ivan Garcia Oliver's booking photo.

LAKEPORT – Officials have arrested a 29-year-old man for murder in connection with an incident that took place Tuesday morning at a Lakeport trailer part.

Sheriff's deputies arrested Ivan Garcia Oliver, a construction worker and Lakeport resident, at Western Hills Mobile Home Park, located at 3555 Lakeshore Blvd.

Chief Deputy Russ Perdock reported Tuesday afternoon that investigators had been having difficulty confirming Oliver's identity. Oliver was finally booked at 11:31 p.m. Tuesday.

Perdock reported that the Lake County Sheriff's Office responded to the trailer park after the agency's Dispatch Communications Center received a 911 call for medical aid from an anonymous woman on Monday at approximately 10:14 a.m.

The caller reported that a male subject who was bleeding from his hands was located at Space 31B at the park, according to Perdock.

Believing that there had been an altercation at the address, sheriff's deputies responded to secure the scene and any armed or dangerous individuals, Perdock reported, with fire personnel directed to stage near the area.

Upon their arrival at the scene, which Perdock said came minutes after the 911 call, deputies discovered the body of a 65-year-old Caucasian male, who was the victim of an assault.

As the deputies checked the area for other victims as well as possible suspects, Perdock said park residents directed them to Space 31B, where they contacted the 19-year-old Oliver.

Plain clothes deputies arrested Oliver at gunpoint, according to a Lake County News contributor who witnessed the scene. Even after Oliver was arrested he continued to struggle with deputies.

Deputies Tom Andrews and Cynthia Radoumis detained and secured Oliver, who also had injuries to his hands, consistent with having been in a physical altercation, according to Perdock.

Sheriff's investigators remained at the scene Tuesday afternoon, conducting the investigation and collecting evidence, Perdock said.

Perdock added that another report will be released Wednesday morning once the victim's family has been identified and more information is available.

Harold LaBonte contributed to this report.

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Deputies arrest Ivan Garcia Oliver in connection with a reported murder at Western Hills Mobile Home Park. Photo by Harold LaBonte.

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The front entrance of the Serenity Cove resort, according to an artist's rendering.

CLEARLAKE – A vacation complex to be built on an existing resort has earned the enthusiastic support of the Clearlake Planning Commission as well as city residents, who say the project will help the city's tourism and its look.

At its regular meeting Nov. 6, the Clearlake Planning Commission approved a use permit for Serenity Cove, a 138-unit vacation condominium project, said Commissioner Al Bernal.

The project also will include a restaurant open to the public, a 50-slip marina, a clubhouse, swimming pool and pier/dock, according to city planning documents.

Serenity Cove is currently known as Funtime Resort, but is commonly known as the old Garner’s Resort on Old Highway 53, Bernal explained.

Proposing the development is the firm Serenity Cove LLC, based in San Francisco.

The group includes Leo Cassidy, John McMahon and Damian Johnston, three Irishmen who met after arriving in the United States, Cassidy told Lake County News in an interview.

“We've been friends for a very long time and have been going to the lake there for 20 to 25 years,” said Cassidy.

Since then, he said he's gotten to know every inch of the lake, and watched the community go through transitions. “I've seen seen a lot of changes all through the years there,” Cassidy said.

Recognizing the area's potential, and understanding its resort past, Cassidy said he and his partners began exploring purchasing property for a development.

First, they looked at the Lamplighter Resort, but Cassidy said the “previous regime” in the city's building department raised enough issues with the plan that he walked away from it.

Next, the group began looking at Garner's Resort three years ago, going through a due diligence process because of the potential risk involved in the sizable project. He said they purchased the resort two years ago and began working with city staff on the project.

The five-story condominium development will include 138 units with one, two or three bedrooms in order to serve everyone from single visitors and couples to families, said Cassidy. The entire development will be accessible from the water and open to the public, Cassidy said.

A boardwalk will link to nearby Anderson Marsh State Park, which has plans to expand its walking trails, Cassidy said.

“We put a lot of thought into this,” he said.

The hope, he added, is for the resort to draw back tourism to Clearlake, offering a place with amenities that will appeal to everyone from fishermen to families.

Cassidy also hopes the resort will help draw bass tournaments back to Clearlake. “All the fish are not in Lakeport,” he said.

He suggested Serenity Cove could be a mini Konocti Harbor.

Cassidy said he has been in construction for many years, and has completed developments around the country, most of them much bigger than this one. He said some of his projects include high rises in Miami and Honolulu.

City approves project basics

Clearlake City Administrator Dale Neiman processed the Serenity Cove use permit.

“My conclusion, it's a good project for the city,” Neiman said.

Neiman said the resort currently is permitted for 128 units, so the development Cassidy and his partners are proposing would only increase that by 10 units.

He said there will be a homeowners association, and he foresees retirees, people seeking second homes and young professionals buying the resort's condominiums.

The resort currently has 17 older mobile homes, none of which are in good condition, along with one RV, said Neiman.

Eight of the mobiles are occupied by a total of 16 permanent residents, said Neiman. A survey of the property owners discovered two very low income households, five low income households and one in the moderate income bracket.

Neiman said the residents will need to be relocated before construction can begin. He said it hasn't been decided if relocation assistance will be provided.

None of the residents came forward to ask for assistance at the Nov. 6 Planning Commission meeting, said Neiman. Two of the residents spoke at the meeting and said they saw no problem with the development.

Project gets enthusiastic response

Bernal said a large crowd came to the Nov. 6 Planning Commission meeting. Besides the developer, speakers included resort residents, neighboring property owners, Clearlake business owners and Clearlake Vision Task Force members. He said no attendees at the meeting spoke against the project.

Cassidy said he believes the project is receiving support because “this is a development the City of Clearlake is crying out for.”

The commission had to resolve three issues prior to giving approval for the use permit, according to Bernal. Those issues were the five-story height of the three buildings on the site, preservation of the oak trees on the site and traffic safety concerns for entry and exit to and from the project. The issues were resolved.

The height of the building, said Bernal, will not be an issue for fire protection and will not result in restrictions of views from adjoining properties.

By letting the developers build upward, said Neiman, the city was able to get an exchange on open space, which will help preserve almost all of the eight-acre property's numerous oak trees.

Bernal said only five of 38 mature oaks, some already diseased, will be removed.

On the issue of traffic, the area of the property that faces Old Highway 53 will include road widening to allow for turn lanes, lessening the traffic concerns, Bernal reported.

“What impressed me the most is we've got outside investors and developers that see the potential of Clearalake – the water, the climate – and they're willing to invest in us,” said Bernal.

The quality of the proposed development, its efforts to promote the city and tourism, and the developers' efforts to work with the city, resort residents and neighbors, all strengthened the project's appeal, Bernal explained.

In addition, he said the project dovetails with the goals of the Clearlake Vision Task Force report, which seeks to improve the city's tourism as a way of strengthening the economy.

An added benefit is that the project is a major upgrade of a property currently already used as a resort facility, Bernal said.

Resort won't be built right away

Everyone agrees that construction on the Serenity Cove resort project is still at least two years out.

Bernal said the Planning Commission's use permit approval is the first step towards actual construction of the project.

Next, the developers must gain approval by the State Department of Real Estate and process a subdivision map through the City of Clearlake, Bernal explained.

Then, said Neiman, the developers need to solidify financing, finish construction drawings and submit them to the city, and satisfy the different utility companies' requirements.

When building starts will depend largely upon the market, which has now slowed down, said Cassidy.

The pricing of the condominiums also will depend on how the market looks in a few years, said Cassidy.

By that time, the developing partners will have decided on the materials for the project, which Cassidy said he considered to be “green.” No decision has been made about using solar power, he added.

Cassidy is confident that the market will turn a corner, and he said he believes the coming decade has a lot in store for Clearlake.

“I believe there's going to be major changes up there,” he said.

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An artist's rendition shows the resort's marina.

The resort's restaurant, accessible from the water, shown in an artist's rendition.

An artist's conception of how the resort would appear from the street.

The resort would be accessible from nearby park land.

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But that was just the case on Thursday, when local law enforcement officers could be found – complete with smiles and speedy table service – at Main Street Bar and Grill for “Tip-A-Cop,” a fundraiser for Lake County Special Olympics.

Officer Adam Garcia of the California Highway Patrol said the event, which took place between 6:30 a.m. and 2 p.m., raised $1,758 in tips. Main Street Bar and Grill owner Sam Polo matched that amount, bringing the total to approximately $3,516.

“Sam is very generous to us today,” said Garcia.

Garcia said the the agencies participating included the Lake County Sheriff's Office, Probation Department, CHP, Lakeport Police and Clearlake Police.

“I think it's a worthy cause for our community,” said Garcia.

Approximately 65 athletes, ranging in age from 5 to 65, take part in Special Olympics locally, said Special Olympics volunteer Kristina Navarro.

In Lake County, there are events for the athletes year-round, said Navarro. A bowling tournament is scheduled for Nov. 24 at Lakeside Lanes.

Athletes also can compete to qualify for regional events, Navarro said.

There are two Tip-A-Cop events each year, said Navarro – besides the Clearlake event, there is one in Lakeport, which is held earlier in the year – along with a Torch Run and the Scorchin' Torch Poker Run.

Ruth Fortino, who has worked as a waitress at the restaurant for seven years, said the officers and deputies were doing well on their table-waiting assignments, and all were “eager to help.”

“It's been fun,” she said.

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The California Highway Patrol's Ukiah office reported that the three-car collision took place at 3:15 p.m. Monday just east of the buffalo ranch between Blue Lakes and Ukiah.

The CHP did not release the names of any of the three drivers involved.

The report explained that a 57-year-old Sacramento man, driving a 1996 Chevy pickup, was traveling eastbound on Highway 20. Heading westbound at the same time was a 2007 Mercury SUV driven by a 59-year-old Ukiah woman, followed by a 2004 Dodge Neon driven by a 23-year-old Upper Lake man.

The Sacramento man's pickup traveled into the westbound lane, colliding head-on with the Mercury SUV, according to the CHP.

The Upper Lake man was able to brake and turn his vehicle to the left to avoid colliding with the pickup, but was still struck by debris from the collision, the CHP reported.

The CHP's original log entries reported that one of the vehicles caught on fire following the collision.

Rescue personnel were sent both by ambulance and by helicopter, according to the CHP. Animal Control was summoned for a dog riding in one of the vehicles.

CHP reported that officers found the Ukiah woman dead at the scene.

The Sacramento man was flown to Santa Rosa Memorial Hospital for treatment of major injuries, according to CHP.

The Upper Lake driver was uninjured, the CHP added.

According to CHP, all three drivers were using their seat belts.

Traffic didn't start to move until after 5 p.m., according to witness reports. CHP didn't report the roadway completely clear for another hour after that.

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It's been a dry year across the state, and the impacts have been hard on some areas of the county. But Rachelle Henry, general manager for the Upper Lake County Water District, told her board at its Nov. 15 meeting that the district's customers have stepped up.

The district didn't issue a call for conservation, said Henry. But their pumping hours for this October totaled 150, down from 231 at the same time last year.

Henry told Lake County News in an interview after the meeting that she hasn't seen a year this dry during the five years she's been with the district.

“Our wells are down, definitely,” she said.

But the district's customers – accounting for 402 hookups – took on the matter of saving water, she said.

“I'd like to get the word out there about how grateful we are to our constituents,” she said.

Understanding annexation issues

The district's board is now in the process of reviewing a basic annexation agreement that the district could possibly use when future projects are presented, said Henry.

Two possible annexations looming in the future are the Meadow Point mobile home park near Judy's Junction restaurant and the Habematolel Pomo's proposed casino project, said Henry. The district originally was told that the tribe wanted to break ground for the casino in 2008.

Neither project has made a formal application to the district for annexation, Henry said.

However, Habematolel members attended the district board's Oct. 10 meeting to give the district a check for $7,727.33 to cover an engineering study. Henry said the study explored hooking the casino up to the district as well as other alternatives to provide water to the project.

If the tribe does make formal application to join the district, Henry said that the district doesn't have to approve it.

A Bureau of Indian Affairs environmental study on the casino had a lot of holes in it, according to district board members. Henry sent a letter to the Bureau of Indian Affairs dated June 18, in which she outlined some of the issues, including pointing out that water quality and supply and hydrologic studies needed to be completed prior to the project's approval, not after.

She also explained that the bureau used a 2001 opinion survey on Upper Lake residents' response to a community arch as a basis for community acceptance of the casino. The casino, she pointed out, wasn't on the drawing board at that time.

Henry and the district's board members said they want the district's current customers to weigh in on any possibly annexations.

District upgrades under way

Henry reported that the district's master plan calls for updating its outdated pipe.

Today, 6-inch pipes are considered minimum size for systems such as Upper Lake's, yet in some places they found pipes as small as 2 inches, she explained. They've already replaced several areas of the small pipe to bring it up to accepted standards.

Board Chair Allen Merriman pointed out that the district has had fewer broken pipes and leak problems recently.

Henry said the district doesn't have a hookup moratorium.

The small district does, however, needs money to make system improvements, said Henry.

Last May, capacity expansion and connection fees rose from $3,000 to $10,200, Henry said. A district study found the overall fee should cost $20,400, but the district decided to reduce the fee.

In other district news, at a special meeting Nov. 28, the Local Area Formation Commission (LAFCO) will hold public hearings on the spheres of influence updates for the Upper Lake, Clearlake Oaks and Konocti County Water Districts, according to LAFCO documents.

The Upper Lake district's next board meeting will take place Dec. 12.

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Craig Lemke was sentenced to 68 years to life in prison on Thursday. Lake County Jail photo.

LAKEPORT – A man found guilty last month of robbing an elderly couple received a stiff sentence Thursday.

Craig Alvin Lemke, 45, of Lakeport was convicted Oct. 2 of a February 2006 home invasion robbery in Lower Lake, as Lake County News previously reported.

Lemke was found guilty of two counts of first degree robbery, first degree burglary, elder theft, two counts of false imprisonment of an elderly person and grand theft of firearms, according to a previous report from Chief Deputy District Attorney Richard Hinchcliff.

Lemke also was found guilty of several special allegations, including two previous “strikes,” three prior prison terms between 1986 and 1996, committing a felony while released on own recognizance and crimes against elders were found to be true, Hinchcliff reported in an October interview.

Lemke's attorney, Jason Webster, attempted to get one of the strikes dismissed, but Judge Stephen Hedstrom didn't agree, said Hinchcliff.

On Thursday, Hedstrom sentenced Lemke to 68 years to life in prison, Hinchcliff said.

The prior strikes, which Hedstrom wouldn't discount, doubled the sentence, said Hinchcliff.

Lemke's prior strikes, said Hinchcliff, “arose out of a case just like this.”

In that particular case, Hinchcliff said Lemke went into a home, bound a man and his 15-year-old nephew with tape, and robbed them.

“He went to prison for that for seven years,” Hinchcliff said.

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Det. Richard Towle's car after the Friday crash. Photo courtesy of Clearlake Police.

THIS STORY HAS BEEN UPDATED WITH INFORMATION ABOUT BILLINGS AND OFFICER.

CLEARLAKE – An investigation into a Friday crash involving an officer on his way to a call has ruled that the officer was at fault, according to a Monday report.

Lt. Mike Hermann of Clearlake Police reported that the agency concluded its look into the crash, which took place at the intersection of Highway 53 and Lakeshore Drive Friday night. The report also was reviewed by the California Highway Patrol's Multidisciplinary Accident Investigation Team.

The Friday crash involved Det. Richard Towle and 19-year-old Desiree Perez of Kelseyville, as Lake County News first reported over the weekend.

Towle was responding from the area of 40^th Avenue with lights and sirens to an emergency call in which an individual was threatening to kill an off-duty police officer, said Hermann.

When Towle came to the intersection at Highway 53 he was hit by Perez, driving southbound on Highway 53 in her Honda Civic, said Hermann.

Sgt. Tim Celli has passed through the intersection ahead of Towle, said Hermann.

Perez and another vehicle traveling towards the intersection had reportedly slowed for Celli's patrol vehicle, but then accelerated again after he cleared the intersection, according to witness statements, Hermann reported.

Because of “natural vision obscurements” at the intersection, Perez and other southbound vehicles were unable to see Towle's patrol vehicle until he actually entered the intersection, according to Hermann.

After seeing each other's vehicle, both drivers attempted to avoid a collision but were unable to, said Hermann. Perez's vehicle struck the passenger side of Towle's patrol car, causing major damage to both vehicles.

Both Towle and Perez were transported to Redbud Hospital where they were treated for minor injuries and released, Hermann said.

Hermann reported that, while section 21056 of California Vehicle Code states that the "driver of an emergency vehicle is exempt from the rules of the road while responding to an emergency," it also states that drivers of emergency vehicles need to drive with "due regard" for the safety of all persons using the highway.

The department's investigation concluded that Towle failed to ensure that all cross traffic had come to a stop or that it was clear to enter the intersection against the red light, according to Hermann.

As a result, Hermann said the investigation ruled that Towle was at fault for the collision.

Regarding the reason for the emergency response, Hermann reported that Scott Billings, 24, of Clearlake was arrested for public intoxication.

Billings, who was known to the department, had been making some threats outside the home of Officer Tim Hobbs, said Hermann. It was determined that Billings was too intoxicated to properly care for himself, and he was transported to the Lake County Jail.

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LAKE COUNTY – The county's October unemployment rate edged slightly upward from September and was noticeably higher over October 2006, according to the latest state figures.

Lake County’s October 2007 unemployment rate was 7.4 percent, up 0.4 percent from September and 1.4 percent above the year-ago, October 2006 rate, according to a report from Dennis Mullins of Employment Development Department's Labor Market Information Division.

October's jobless 7.4 percent jobless rate in Lake County compares to a seasonally unadjusted rate of 5.4 percent for California and 4.4 percent for the U.S., Mullins reported.

Some surrounding county rates included 9.2 percent for Colusa, 5.0 percent for Mendocino and 4.4 percent for Sonoma, Mullins added. Marin again had the lowest rate in the state with 3.8 percent and Imperial County had the highest at 20.3 percent.

Lake County's October unemployment rate ranks it 44 among the state's 58 counties.

Total industry employment increased 470 jobs (3.1 percent) between October 2006 and October 2007, ending the year-over period with 15,810 jobs, according to Mullins' report.

Year-over job growth, Mullins reported, occurred in farm; trade, transportation and utilities; information; private educational and health services; leisure and hospitality; other services; and government.

Year-over job losses occurred in natural resources, mining, and construction; and professional and business services, Mullins noted.

Industry sectors with no change over the year were manufacturing and financial activities, Mullins added.

The farm sector again led industry gainers adding 190 jobs for the year, according to Mullins. Private educational and health services gained 120 jobs and government added 100.

In addition, Mullins reported that trade, transportation and utilities gained 50; leisure and hospitality, and other services were up 30 jobs each; information picked up 10 jobs.

Losing jobs, according to Mullins, were natural resources, mining and construction, which shed 50 jobs, and professional and business services dropped 10 for the year-over period.

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Judge William McKinstry, a retired judge from Alameda County assigned to the Renato Hughes Jr. trial, granted defense attorney Stuart Hanlon's change of venue motion – the fourth such motion Hanlon has made this year, according to District Attorney Jon Hopkins.

“I'm still speechless,” said Hopkins late Thursday.

Even Hanlon admitted to being surprised, but said it was necessary because of the jury's exposure to the media.

He said 50 percent of those jurors seated had been exposed to media reports about the case.

“I'm really glad it happened,” Hanlon said of the venue change motion being granted.

Hughes is being tried under the provocative act theory for the murders of his friends, Rashad Williams and Christian Foster, who were shot to death by Shannon Edmonds as they ran from his home on Dec. 7, 2005.

Edmonds was not charged for the deaths of Williams and Foster, who – along with Hughes – were allegedly in his home to rob him. Hopkins told Lake County News in a Wednesday interview that former District Attorney Gary Luck didn't believe they could prove a case against Edmonds.

But the provocative act theory holds Hughes responsible because he took part in a crime that resulted in a lethal response – in this case, Edmonds' shooting of Hughes' two friends.

Judge makes decision after jury seated

McKinstry did not cite racial composition or media coverage as the basis of his decision, said Hopkins.

Rather, McKinstry granted the venue change based on the number of jurors excused for various causes, said Hopkins.

“He added up the number of challenges without any regard for what they were based on,” said Hopkins.

In the case of one prospective white male juror dismissed on Wednesday, that included religious beliefs, according to this reporter's courtroom observations.

McKinstry said the number of challenges “gave him a doubt as to whether there could be a fair trial,” Hopkins reported.

Hanlon, however, claimed McKinstry talked about media exposure and race issues in making his decision.

The issue of Lake County's small racial minority came out in the jury selection process, said Hanlon. The court originally issued 350 jury questionnaires, with most of the people being selected as prospective jurors have little or no contact with blacks.

The selection process, said Hanlon, “convinced the judge that this was not the right place for the trial.”

Hanlon said race impacted all of the factors the court needed to explore in making the decision, including the size of the community, the nature of the community and media coverage. “Race is not a separate factor, it's part of the whole mix.”

Earlier on Thursday, a jury had been seated after a three-week selection process, Hopkins reported. The jury consisted of seven women and five men. It was, mostly white but had some Hispanic members, although Hopkins did not have a precise number.

Those jurors will now be dismissed, said Hopkins.

“I thought the jurors that came in proved that they could be fair and impartial,” said Hopkins.

Hanlon said there is “nothing wrong” with Lake County. “I think many African Americans get a fair trial here given the nature of the charges.”

It will now be up the state Administrative Office of the Courts to choose three alternate counties where the trial can be held, Hopkins said.

The choice of counties will depend upon a variety of factors, including available facilities, the amount of publicity the case has received there and whether a judge is available to hear the case, said Hopkins. It's not yet been determined if McKinstry will stay with the case.

Hopkins suggested that the Bay Area's counties are off limits because of media coverage, with reports about the trial reaching even more people than those centered in Lake County.

The prosecution and defense will return to court Dec. 14 to find out if the Administrative Office of the Courts have selected three counties, said Hopkins. He said he couldn't be certain three counties would be chosen by that time.

Once they are chosen, however, there will be a hearing and “the judge makes the call” about where the trial will be held, said Hopkins.

Hanlon didn't say which county he thought the trial should go to.

However, he stated, “If we get to a county that has a more diverse makeup and population of people, we're going to win this trial.”

Hanlon said he is going to begin work on researching where the trial should be held, a matter he said he wasn't in a position to talk about at this point.

Exploring ways to keep the trial local

The county will have to pay a higher bill to try the case in another venue, said Hopkins, but just how much it will cost isn't known at this time.

Hopkins said he needs to explore what remedies might yet be available to him in keep the trial local.

He said there is the possibility that he could file a writ for review by the appellate court, seeking to keep Lake County as the venue.

“I'm not convinced that I'm going to do that at this point,” he said.

Saying he wants to get the trial done as soon as he can, Hopkins explained that if the trial is held in a nearby county and it won't cost Lake an excessive amount of money to move it there, he will likely go along with McKinstry's decision.

However, if it's likely to be moved much farther away at a greater expense, he may do the writ, he said.

“There are a lot of variables I've got to consider,” Hopkins added.

With the change of venue motion granted, the trial likely won't begin until early next year, Hopkins said.

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