Navarette

On January 29, 1974, an indictment was filed in the Santa Clara County Superior Court charging defendants Beatrice Navarette and Joe Peraza with selling heroin and offering to sell marijuana, in violation of sections 11352 and 11360 of the Health and Safety Code. Both defendants moved to quash the indictment on the ground of discriminatory grand jury selection.

A hearing on the motion was held on August 19 and September 5, 1974, and the following evidence was produced: Between 1969 and 1973, the Santa Clara County Superior Court judges nominated 25 to 30 persons each year to serve on the grand jury. The populations of the county supervisorial districts were reflected in the nominations, so that six jurors were nominated from each of the five supervisorial districts. Each year, the names of 19 grand jurors were drawn by lot from the judges’ nominees.

Data furnished by the assistant court executive officer showed that the grand jury nominees in the years 1969 through 1973 were as follows: in 1969, 2 women and 27 men; in 1970, 2 women and 28 men; in 1971, 4 women and 26 men; in 1972, 6 women and 24 men; and in 1973, 2 women and 27 men. Of these 148 nominees, 16 or 10.8…