Friday, Nov. 7, 2003 | 9:50 a.m.
The grand jury that indicted alleged 311 Boyz gang member Steven Gazlay on battery charges was not prejudiced by a jurist who wrote a letter to the editor blasting the gang, District Judge Valorie Vega decided Thursday.
Attorney James "Bucky" Buchanan argued that juror Ralph Smith had tainted the indictment against his client, who in this instance is charged with battery with use of a deadly weapon for burning another teen with a hot butter knife at a party July 21.
Prosecutor Christopher Laurent said Buchanan had failed to show Smith was prejudiced against Gazlay before he served on the grand jury.
Even if Smith had been prejudiced against Gazlay, 12 other jurists still voted in favor of the indictment, Laurent said.
Vega agreed, having denied another motion by Buchanan to dismiss the charges last week. She ruled there was enough probable cause to go forward in the case.
Smith also sat on the grand jury that indicted Gazlay, 18, and eight other alleged gang members with 12 felony counts in the maiming of 17-year-old Stephen Tanner Hansen July 18, and Buchanan was expected to make similar arguments of grand jury tainting in that case this morning to District Judge Michael Cherry.
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