Packer

Joshua Graham Packer seeks extraordinary writ relief from the trial court’s order denying his Penal Code section 995 1 motion to dismiss the indictment charging him with three counts of first degree murder (§ 187) and other offenses. The prosecution is seeking the death penalty. (§ 190.2, subd. (a)(3).) Packer contends the indictment must be set aside on the ground of grand juror bias. He asserts that our Supreme Court’s pronouncement that such claims are not cognizable (People v. Kempley (1928) 205 Cal. 441, 446-448 [ 271 P. 478 ] (Kempley)) is no longer controlling because intervening authority suggests he has a due process right to an unbiased grand jury. We need not decide whether we are bound to follow Kempley because we agree with the trial court’s conclusion that Packer fails to demonstrate the bias of which he complains. Accordingly, we shall deny the petition.

*157 BACKGROUND

On May 20, 2009, Brock and Davina Rusted were stabbed to death during a home invasion robbery by a man wearing a motorcycle helmet with a visor that covered his face. The Husteds’ unborn child was also killed. Their nine-year-old son witnessed the robbery and found his parents’ bodies…