Opinion
Civil No. 99-1020-KI
November 22, 2000
Spencer M. Neal, Donald D. Dartt, Portland, Oregon, Attorneys for Plaintiff.
Larry A. Brisbee, Hillsboro, Oregon, Attorney for Defendants Brian Kitto and Linda Kitto.
Ronald W. Downs, Portland, Oregon, Attorney for Defendants Tim and Linda Crampton and City of Weston.
OPINION AND ORDER
Plaintiffs William and Gloria Beiter seek damages related to the interception and taping of their telephone calls. Before the court is defendants Brian and Linda Kitto's motion to move the place of trial (#31-2).
DISCUSSION
Plaintiffs seek to have the trial in Portland. They fear an inability to obtain an unbiased jury due to the large amount of publicity the underlying dispute received in the Pendleton area.
Defendants note that all parties and all witnesses live in the Pendleton area. Moreover, Linda Kitto, although no longer a defendant, is still expected to be a witness. She cares for a child who suffers from an illness which would make it impossible for him to be left in the care of another or to easily travel to Portland with his mother.
I conclude that the trial should take place in Pendleton, which is more convenient for all of the parties and witnesses. I understand plaintiffs' concern about possible biases in the jury panel. This can be combatted with appropriate questioning during voir dire. I will ask the clerk of the court to call a larger than usual jury panel from which we can select and will be liberal with challenges for cause if a potential juror has been exposed to the publicity and has formed any impressions about the case.
CONCLUSION
Defendants Brian and Linda Kitto's motion to move the place of trial (#31-2) is granted. Trial will be held in Pendleton, Oregon. Based on the parties' estimate reducing the length of the trial, the trial will start on Monday, June 4, 2001, and continue through June 7.
On further consideration, and in view of the expected dismissal of all but one defendant, plaintiffs shall file an amended complaint by January 3, 2001.
IT IS SO ORDERED.