Lazcano to face Spokane jury

The third trial for Daniel Lazcano was set for Dec. 2 in Spokane County, Superior Court Judge David Frazier announced Friday at a scheduling hearing. Moving the trial to Spokane followed a change of venue order in court three weeks ago because of concerns over seating an impartial jury for a third trial in Whitman County.

Jurors in the previous two trials of Daniel Lazcano have been unable to come up with a verdict.

Judge Frazier Friday said finding a location for the third trial has been a difficult task. He and the court administrator have made several calls around the area.

The judge noted the Dec. 2 booking in Spokane County worked out as a compromise for the requests from each side at the previous hearing. Prosecutor Denis Tracy at that time said he favored Spokane County because it provided a large population from which to draw a pool of jurors and would be convenient for many of the 30-plus witnesses who will be asked to testify.

Tracy has also urged the trial be set at the earliest possible date because much of the state’s case relies on recollection of witnesses.

Defense Attorney Eric Christianson, who opposed a Spokane trial site at the previous hearing, asked the court at that time for a later date to allow for more preparation.

Judge Frazier Friday said any pre-trial hearings for the upcoming trial will be conducted here. The Spokane site will be used only when a jury is required.

Daniel Lazcano was allowed pre-trial release after the jury in his second trial reported they were unable to reach a verdict June 10. He had been in jail 14 months since he was arrested March 30, 2012, as a suspect in the fatal shooting of Marcus Schur of Rosalia Dec. 27, 2011, in Malden.