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COURT DECISION PAVES WAY FOR MURDER RETRIAL.


Byline: Holly Edwards Staff Writer

An Orange County judge has rejected a defense motion to disqualify To deprive of eligibility or render unfit; to disable or incapacitate.

To be disqualified is to be stripped of legal capacity. A wife would be disqualified as a juror in her husband's trial for murder due to the nature of their relationship.
 another judge from presiding over the retrial retrial n. a new trial granted upon the motion of the losing party, based on obvious error, bias or newly-discovered evidence. (See: newly-discovered evidence)  of a teen-ager charged with bludgeoning two boys to death last year on a Glendale playground, officials said Monday.

The ruling paved the way for Michael Demirdjian, 16, to be retried re·tried  
v.
Past tense and past participle of retry.
 in Pasadena Superior Court on charges of murder, robbery and torture. The Glendale youth is being tried as an adult and faces life in prison if convicted.

Prosecutors say Demirdjian killed Chris McCulloch, 13, and Blaine Talmo Jr., 14, on July 23 to avenge a·venge  
tr.v. a·venged, a·veng·ing, a·veng·es
1. To inflict a punishment or penalty in return for; revenge: avenge a murder.

2.
 a marijuana deal rip-off. Demirdjian claims he witnessed a 19-year-old drug dealer kill the boys.

Demirdjian's first trial ended in April with the jury deadlocked 8-4 in favor of guilt. The teen's second trial is scheduled to begin in late August, officials said.

In his motion to have Judge Joseph DeVanon dismissed from the case, defense attorney Charles Mathews Charles Mathews (June 28, 1776 - June 28, 1835) was an English theatre manager and comic actor, well-known during his time for his gift for impersonation. His play, At Home, in which he played every character, was the first monopolylogue and the defining work in the genre.  argued that the judge repeatedly made biased rulings that favored the prosecution.

Mathews said Monday that he was disappointed his motion was rejected, but remained hopeful the second trial would be a fair one.

Sandi Gibbons Famous people named Gibbons include:
  • Beth Gibbons (born 1965), British singer
  • Billy Gibbons, guitarist for ZZ Top
  • Cedric Gibbons (1893–1960), American art director
  • Christopher Gibbons (1615 - 1676), English composer, son of Orlando
, a spokeswoman for the District Attorney's Office, said prosecutors do not believe DeVanon was biased in their favor.

``We feel that the appropriate decision has been made,'' said Gibbons. ``We saw no reason to remove Judge DeVanon from the case.''
COPYRIGHT 2001 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Jun 19, 2001
Words:233
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