By Brian Anderson
Valley Times

Aug. 23, 2001

OAKLAND — An Alameda County judge refused Tuesday to set aside a grand jury indictment against a couple accused of raping then strangling a Pleasanton woman in 1997.

Lawyers for James Daveggio and Michelle Michaud had argued that the grand jury selection process unfairly excluded women and was substantially biased to favor prosecutors. Their clients, lawyers also contended in morning arguments and court filings, were legally harmed because county officials charged with organizing the body did not properly ask a broad section of the public to apply for the yearlong position.

“What you’re left with … is the same cadre of people over and over and over again (who) are nominated and serve,” said Michaud attorney Barry Karl.

Prosecutor Morris Jacobson denied there were flaws with grand jury selection.

A county grand jury indicted Daveggio and Michaud in November 1998, nearly a year after authorities believe the couple snatched Vanessa Samson, 22, off a Pleasanton street. Police believe the woman was raped in the back of a van as the couple drove to Lake Tahoe, strangled then dumped in an Alpine County snow bank.

The couple was found guilty in Nevada about two years ago for the kidnapping and sexual assault of a Reno college student. They were extradited to Alameda County after Daveggio received a nearly 25-year sentence and Michaud was handed a 12-year prison term.

The motion to set aside the indictment is a relatively common move for defense attorneys, but is regularly rejected by judges.

The 19-member grand jury is impaneled annually to investigate complaints of government corruption and official misconduct as well as to determine whether the district attorney has enough evidence to hold a suspect over for trial.

Each of the county’s judges nominates a local to become a grand juror. That number is whittled to 30, from which 19 are selected by lottery to serve on the grand jury for a year.

In denying the motion, Judge Larry Goodman said the attorneys had failed to prove their case against the process.

Goodman also declined Tuesday a defense motion to prevent prosecutors from being allowed to use a statement Michaud gave to authorities in the days following her December 1997 arrest at a Nevada hotel.

Karl and Daveggio lawyer Michael Berger argued that Michaud never gave up her right not to talk to investigators and had asked for a lawyer. Berger also said Michaud was “overwrought” with emotion, coming down from a drug high and subjected to abusive interview tactics.

“I see nothing here that was outrageous conduct,” Goodman said before denying the motion. Lawyers declined to comment outside the courtroom, citing a gag order.