TRIAL HERE PREFERRED FOR EX-COP

Lawyer hopes for untainted jury pool

An attorney for a former Houston police officer charged with criminal
trespass in connection with the shooting death of Pedro Oregon Navarro said
Wednesday that he hopes the case can be tried in Harris County.

But Brian Benken, who represents 28-year-old James Willis, said he will
push for a change of venue if it appears too many potential jurors have
already made up their minds about the case because of the intense media
coverage it received.

"I'll urge it (the change of venue motion) if we can't get a jury," Benken
said. "We want to try the case here, but my fear is that we'll get into
questioning these people and there may be some problems."

Benken said potential jurors might have been tainted by the coverage
because he thinks much of it has been "one-sided" and because many
community leaders that people listen to have given opinions on what they
think happened.

Those opinions, Benken said, could unfairly influence people in the jury pool.

Prosecutor Edward Porter said he doesn't think it will be necessary to move
the trial.

But both Benken and Porter agree that the trial will provide an opportunity
to clear up what they say are misconceptions about the case.

Jury selection is scheduled to start Tuesday morning in Willis' case in
Harris County Court-at-Law Judge Neel Richardson's court. Because it's a
misdemeanor case, only six jurors are required.

It was not clear Wednesday how long testimony was expected to last or if
alternate jurors would also be selected.

Willis was the only officer charged in connection with the July 12 death of
Oregon.

Six officers burst into Oregon's residence after receiving a tip from an
informant that drugs were being sold. The officers opened fire on Oregon
after another officer accidentally fired his weapon.

Oregon was shot 12 times, including nine times in the back. The officers
contend Oregon was armed and pointed a gun at them.

The officers did not have an arrest or search warrant, and Oregon's gun had
not been fired. No drugs were found in the apartment.

The shooting touched off a controversy, and protesters heaped criticism on
the Houston Police Department and later on the Harris County district
attorney's office when Willis was the only one indicted after a lengthy
grand jury probe.

All six officers eventually were fired, but the case also has spawned a
multimillion-dollar federal civil rights lawsuit filed by Oregon's family
against the city, and a continuing FBI probe into the shooting.

Porter would not comment on why Willis, who is appealing his dismissal, was
the only officer charged.

"That will be much clearer once testimony starts," Porter said.

But Porter does think the trial will give the community a chance to find
out what really happened the night Oregon died.

"I don't think anybody out there has any clue about what happened in there
except us," Porter said. "There's so much misinformation out there right
now, and that's because we can't talk about it."

>From the defense perspective, Benken agreed. "We're at a disadvantage. We
haven't been able to tell the whole story. Hopefully, this will give people
a chance to make up their minds after they hear all the facts."

Porter and Benken both agreed on common misconceptions they think people
have about the case and they both blame the media.

Porter said many people believe Oregon was unarmed and that's not the case.

There also have been others who have claimed that Willis and the other
officers kicked in Oregon's door and shot the locks off of it when they
went inside the apartment, Porter said. That too is not true.

Porter said it's also not true that the officers immediately went to
Oregon's apartment after talking to the informant. There was, he said, a
period of time between contact with the informant and the raid.

And Benken also points out that an "incorrect spin" has been put on the
gunshot wounds to Oregon's back. Porter agrees.

Benken said previous reports have made it seem that Oregon was shot in the
back while standing or lying down. But he said the trajectory of the wounds
indicates that those shots entered Oregon's body as he moved toward officers.

That, Porter said, would be consistent with what officers say happened once
they entered the apartment.

"All of those shots were at an extreme angle and very consistent with
Oregon going to the ground in the direction of the officers," Porter said.

One of the witnesses that could help clear up any confusion is Willis himself.

Benken said he might testify and it's also possible jurors will hear from
the other officers involved.

The charge against Willis is a Class A misdemeanor, punishable by up to a
year in jail and a $4,000 fine.