Ex-SJPD officer Mark McNamara wants an appellate court to grant him qualified immunity, and is also seeking to move a prospective trial out of the Bay Area.
— is on hold after he appealed a federal judge’s decision to greenlight the case for a trial that was scheduled to begin next week.
“The residents in the Bay Area have been exposed to media coverage surrounding this case, much of it fueling their perceptions that McNamara unlawfully shot Plaintiff because he is an alleged racist,” the motion reads.that erupted inside a taqueria near San Jose State University. Green had been holding a handgun — which he disarmed from someone else — up in the air and backing out of the restaurant when he was shot.
Lawyers for the People, the firm representing Green, called the venue change motion “an effort to delay and complicate trial” and said the 12 news articles cited by Coleman, including“Not only are these news articles factual in nature, but the Northern District pulls from a large urban area with many potential jurors, which greatly reduces any risk of bias,” wrote attorney Patrick Buelna.
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