Moses Jury Is Picked; Trial Set to Begin

Attorneys for the defense and prosecution outlined their cases Monday when selecting six men and six women as jurors for the prostitution solicitation trial of Olympic gold medal hurdler Edwin Moses.

During questioning of prospective jurors in Los Angeles Municipal Court, Edward Medvene, a member of a four-person defense team, repeatedly said the burden of proof is for the city attorney to prove Moses’ guilt. He asked the jurors whether they would weigh Moses’ testimony equally with police officers before forming an opinion.

Medvene also said he would show that the police officers made a mistake in Moses’ arrest. He did not say what the mistake was.

Dep. City Atty. Michael J. Guarino said he will offer testimony from more than two police officers who were eyewitnesses to the alleged crime.

“You will have to decide whether the officers are lying or telling the truth,� Guarino told the jurors. “I ask you not to base the case on sympathy, but base it on the facts.�

Moses, 29, of Laguna Hills, was arrested Jan. 13 during a police sweep of prostitution in the Hollywood area for soliciting a plainclothes policewoman for sex.

Moses has pleaded not guilty. If convicted of the misdemeanor solicitation offense, he faces a maximum penalty of six months in Los Angeles County Jail and a $1,000 fine.

Guarino admitted officers from the Hollywood vice squad made minor mistakes in the arrest, but claims the issue is whether Moses intended to engage in a sexual act with an undercover officer.

National Public Radio reported Monday that confidential police documents say Moses approached an undercover policewoman, identified as Officer Gonzales, and offered her $100 for two specific sex acts.

The court-sealed police report also reportedly says Moses told officers he had a fight with his wife, Myrella, before going to a Hollywood disco the night of Jan. 12.

Moses’ contract negotiator, Gordon Baskin of Malibu, says the Olympic star had no intention of having sex with the undercover officer, and viewed a conversation with the woman at Sunset Boulevard and Genesee Avenue as a joke.

“Just because he was arrested, do you believe he did something wrong?� Medvene asked the jurors. “Do you feel a police officer’s version is any more accurate than a Moses’ version?�

Guarino countered: “Just because Moses seems poised and polished on the witness stand doesn’t necessarily mean his testimony is more truthful than other witnesses who are less articulate.

“We’re not here to decide whether we like Mr. Moses or not. That’s not the issue. Over the next four days you’ll have a chance to meet the real Mr. Moses, not the one on TV.�

Forty-five prospective jurors were called into the courtroom, and three of the original 12 selected at random were dismissed, two by the defense and one by the court. Attorneys are allowed up to 10 challenges when selecting a jury. Two alternates also were excused by defense before both sides agreed on a man and a woman alternate.

All the prospective jurors said they had heard of the case before Monday, but none said the pretrial publicity would effect their ability to act as impartial jurors.

Opening statements are scheduled to be presented at 9:45 today before Municipal Court Judge David M. Horwitz.

Moses, wearing a blue business suit, sat with defense attorneys throughout Monday’s proceedings. His wife and mother, Gladys, of Dayton, Ohio, also were present in the courtroom.

Horwitz, who Friday instituted a gag order denying anyone associated with the case to speak to reporters, Monday turned down a last-minute request by NBC television to film the trial.

“This is a criminal courts building, not a sound stage for 20th Century Fox,� he said.

Photographers and a television camera were allowed to take Moses’ picture in the courtroom before the jury selection, but had to leave the courtroom once proceedings began.

Moses, who won gold medals at the 1976 and 1984 Olympics in the 400-intermediate hurdles, holds the world record with a time of 47.02 seconds. He has won 109 straight races, and was named cowinner of Sports Illustrated’s athlete of the year for 1984 with gymnast Mary Lou Retton.