LAWYERS ARGUE; MURDER SUSPECT WANTS TO GO HOME.Byline: Howard Breuer Staff Writer PASADENA - As attorneys met Thursday with a judge to plan 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 murdering two boys on a Glendale playground, the jailed teen submitted a letter seeking release on home monitoring. Michael Demirdjian's handwritten hand·write tr.v. hand·wrote , hand·writ·ten , hand·writ·ing, hand·writes To write by hand. [Back-formation from handwritten.] Adj. 1. letter was given to his lawyer as the two attorneys met with Pasadena Superior Court Judge Joseph De Vanon, mostly discussing conflicts the lawyers have with each other. Deputy District Attorney Steve Barshop complained that defense attorney Charles T. Mathews should be held in contempt for making prejudicial and improper statements to the press after the verdict came in. ``The district attorney's (conservative) stance on pretrial publicity The right of a criminal defendant to receive a fair trial is guaranteed by the Sixth Amendment to the U.S. Constitution. The right of the press (print and electronic media) to publish information about the defendant and the alleged criminal acts is guaranteed by the First Amendment. will change rather drastically if we don't address this quickly,'' Barshop said. De Vanon complained that both attorneys were grandstanding. Mathews filed a 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. De Vanon from the case, complaining that Barshop and De Vanon were ``ganging up'' on him and wanted to prevent him from publicly criticizing the prosecution's case. ``Anyone has the right to speak out about the claims being made against them,'' said Mathews, who accused Barshop of trying to ``cow and intimidate the judge.'' De Vanon scheduled a May 4 hearing on Mathews' motion to disqualify him, and a May 14 hearing on Barshop's requested contempt order against Mathews. He said the retrial could start by mid-June. Demirdjian, 16, is charged with the July 23 slaying of Blaine Talmo Jr., 14, of Glendale, and Christopher McCulloch Christopher McCulloch (born September 14 1971) is the creator, director, and co-writer (with Doc Hammer) of The Venture Bros., all done under the pseudonym Jackson Publick. , 13, of La Canada Flintridge. Their bludgeoned bodies were found on the playground of Valley View Elementary School elementary school: see school. in Glendale. Demirdjian testified that he was present during the slayings, but maintained that a 19-year-old drug dealer committed the killings. Prosecutors presented evidence that the dead boys were bludgeoned with rocks - one weighing 16 pounds - and that McCulloch also was attacked with a 12-foot-long bench weighing about 40 pounds. Last Friday, De Vanon declared a mistrial A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be after a jury deadlocked 8-4 in favor of guilt on the murder charges and a robbery charge. Mathews complained to the judge Thursday that De Vanon showed bias throughout the trial. ``One set of rules seemed to apply for the prosecution and another set of rules for the defense,'' Mathews said in his 12-page motion. De Vanon said Thursday that he will issue a formal reply to Mathews' motion. TEXT OF LETTER Michael Demirdjian gave his attorney the following handwritten letter Thursday, seeking home monitoring pending his retrial on charges that he murdered two boys in a La Crescenta schoolyard: Dear Judge: I know you know I got a hung jury and I am still in jail. I would want to go home and fight this case from home, you can put that ankle bracelet on me for house arrest I don't care
"Don't Care" is a 1994 (see 1994 in music) single by American death metal band Obituary. . I just want to go home real bad. It is real bad in jail and it really hurts when you innocent but I'm not going to talk about it. So I hope and pray to God that you will let me go home and fight it from home, it will be much easier for me. So please your Honor please think about it. Sincerely yours Adv. 1. sincerely yours - written formula for ending a letter sincerely , Michael Demirdjian CAPTION(S): Box: TEXT OF LETTER (See text) |
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