RIVAL LAWYERS TO PICK JUDGE FOR DECISION.Byline: Howard Breuer Staff Writer PASADENA - The question of who will preside 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 La Crescenta teen charged with murdering two boys on a Glendale playground will be decided by a judge jointly selected by opposing attorneys in the case. The prosecutor and defense attorney for 16-year-old Michael Demirdjian were ordered Friday to decide by Tuesday which judge should rule on 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. the judge who presided over the youth's first trial from hearing his retrial. The jury in Demirdjian's first trial deadlocked 8-4 last month in favor of guilt on two murder charges and a robbery charge. Defense attorney Charles T. Mathews' motion claims that Pasadena Superior Court Judge Joseph De Vanon demonstrated a bias against his client throughout the trial and should be disqualified dis·qual·i·fy tr.v. dis·qual·i·fied, dis·qual·i·fy·ing, dis·qual·i·fies 1. a. To render unqualified or unfit. b. To declare unqualified or ineligible. 2. from the retrial. On Friday, De Vanon handed the issue to Judge Teri Schwartz, who asked Mathews and prosecutor Steve Barshop to agree which judge should hear Mathews' motion and let her know on Tuesday. Demirdjian is charged in the July 23 slayings 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. |
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