JUDGE ROUNDS UP JURY OFF STREET LITTLE-USED STATE CODE ALLOWS FOR IMPANELING OF RESIDENTS.

Byline: Janet Gilmore Daily News Staff Writer

It was an unconventional jury summons, to say the least.

Several people were napping on the grass outside the Los Angeles County Courthouse in downtown Los Angeles when they were drafted into jury service.

Sheriff's deputies nabbed a few more for the jury while they were standing at bus stops. Then, there was a janitor who was busy working at the Criminal Courts Building when he was drafted.

But on Monday at 5 p.m., Los Angeles Municipal Court Judge Mel Red Recana couldn't be too choosey about where or how his minions found jurors to hear the People vs. Reynaldo Diego, a failure to pay child support case.

It was crunch time. The trial had to begin Monday to guarantee Diego's right to a speedy trial or the judge had to dismiss the case.

With the usual panel of jurors already sent home for the day, Recana used a little-used state law (section 211 of the California Code of Civil Procedure) to issue an order forcing sheriff's deputies to hit the streets and gather up jurors.

``It's not pleasant for anyone involved,'' said Deputy Colin Matsumoto.

Matsumoto and another deputy hopped into a patrol car, looking for prospects.

A local bar was no help. Only a drunk patron and two bartenders were there.

Some people on the street begged off, saying they were in a play and had to return to their performance after intermission.

Altogether, the deputies tried the nice-guy approach for 90 minutes - and failed.

``It was getting darker,'' said Deputy Mark Almonte. ``There were less people on the street. The later it got, no excuse was really a good excuse.''

By 7:30 they changed tactics, pulling up to any person and asking - without explanation - four key questions:

Are you a U.S. citizen? Are you a resident of Los Angeles County? Are you over 18 years old? Do you have a felony conviction?

``They would look at us like we had three heads,'' said Almonte.

If the draftees answered ``yes'' to all four questions, deputies gave them the options: Report to Recana's court or face contempt of court charges.

Back in court, where attorneys were waiting to start the child support case, Diego's attorney stared in disbelief.

``It was unbelievable,'' said defense lawyer Charles Hamel, who said he now knows that the panel included at least one homeless person, an illiterate and a tourist, and virtually no one wanted to be there. ``It was incredible, the people were angry.''

Hamel attempted to get the case thrown out, arguing that the jury was not chosen from a true cross-section of people. The panel, he said, was merely a sham, thrown together until jurors could be drawn from a conventional jury pool the following morning.

Recana pressed forward. He said in an interview that he would not think of throwing out a case when it is within his power to assemble a jury, which he, a proud naturalized citizen from the Philippines, considers a cornerstone of democracy.

But by Tuesday the defense and prosecution agreed they had little use for such a hostile jury. Anyone who wanted to leave, for hardship reasons, could leave.

The only juror who stayed was a court security officer, a lone alternate, added to the panel when one juror turned out to be a tourist from Portland, Ore.

``They (supervisors) said they needed me to report to Division 1 as a potential juror, I said `no problem,' '' recalled security officer Phillip Powdrill, who said he enjoys jury duty.

In the end, Diego got 12 new jurors, chosen from the jury assembly room. But, ironically, the original panel contained about 10 men while the new panel contained three men, nine women and a woman alternate.

On Wednesday, Diego pleaded no contest but his attorney plans to fight the jury issue on appeal.

California Code of Civil Procedure, Section 211:

``When a court has no prospective jurors remaining available for voir dire from panels furnished by, or available from, the jury commissioner, and finds that not proceeding with voir dire will place a party's right to a trial by jury in jeopardy, the court may direct the sheriff, marshal or constable to summon, serve and immediately attach the person of a sufficient number of citizens having the qualifications of jurors, to complete the panel.''

CAPTION(S):

Photo, box

PHOTO Faced with a depleted jury pool Monday, Los Angeles Municipal Court Judge Mel Red Recana ordered deputies to hit the streets to whip up a panel to hear a child support case. All except one of Monday's jurors were replaced by pool members Tuesday.

Hans Gutknecht/Daily News