Could Loughner case end up in the hands of San Diegans? - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Could Loughner case end up in the hands of San Diegans?

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Judge Larry Burns Judge Larry Burns
Jared Loughner Jared Loughner

San Diego (CBS8) - "Very courteous, very clear in his instructions to us, so we knew exactly what he was doing and what we were expected to do at all times," said Dale Franks about his experience on a federal jury before Judge Larry Burns, the San Diego judge now assigned to handle the case against Jared Loughner, who's accused of shooting more than a dozen people, and killing six in Tucson.

Franks told CBS8, "You are talking about in a capital case perhaps taking someone's life away. I think in this case, your job is probably going to be a lot more akin as a juror to trying to figure out whether this guy was sane enough to know what he was doing, rather than whether he actually did what he was alleged to do."

Franks says the jury he was on ended up convicting the defendant, who was caught red-handed at the border with a truckload of marijuana. Franks said, despite the overwhelming evidence, the jury did not rush through deliberations.  "I think the way that the judge explained our responsibilities to us, it did kind of hit home and I think we felt that we did have the responsibility to give all the evidence a fair shake and go through it all," Franks said.

Judge Burns, along with Loughner's federal public defender Judy Clarke, are both based in San Diego. Their counterparts in Arizona all recused themselves from the case, since their colleague, Federal Judge John Roll, was killing in the shooting.

Just like Timothy McVeigh's trial was moved from Oklahoma City to Denver, law enforcement sources have told the Washington Post that Loughner's trial could be sent to San Diego because of the extensive pre-trial publicity.

"I think that trial will be moved to San Diego and I'm guessing it will be. That's just gut," said well known San Diego jury consultant Jilien Rubin. She says San Diego generally has a fair and moderate jury pool.  She told CBS8, "San Diegans have a tendency to want to look at the facts and I would suspect during voir dire, there will be a large jury questionnaire." She says there may also be telephone polls done in advance.

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