Greenberger
Greenberger v. Superior Court
Opinion
Lead Opinion
Woods, J.
Does the statutory preference for a joint trial (Pen. Code, § 1098) 1 constitute good cause (§ 1382) to delay for six months the murder trial of an in-custody defendant? Our answer is yes, if, as in the instant case, the circumstances are sufficiently exceptional.
Factual and Procedural Background
On May 13, 1983, according to the information, Roy Radin was kidnapped and murdered. On May 3, 1984, June Mincher was murdered and Christian Pierce was the victim of an attempted murder.
Not until September 27, 1988, five and one-half years after the Radin murder, were charges filed. Petitioner, William Molony Mentzer, Alex Lamota Marti, and Robert Ulmer Lowe were charged with having murdered Radin. Mentzer, Lowe, and Robert Leroy Deremer were charged with having murdered Mincher.
On October 2, 1988, petitioner was arrested in Orlando, Florida. About two and a half months later, on December 27, 1988, she waived extradition and on January 12, 1989, was arraigned on the complaint.
Sometime before May 12, 1989, a preliminary hearing for only Lowe and/or Deremer was held.
On May 12, 1989, a second preliminary hearing, this one for petitioner, Mentzer, and Marti began. It did…
Concurrence in Part
Johnson, J.
I concur in the majority’s conclusion that good cause existed to continue petitioner Karen DeLayne Greenberger’s (petitioner) trial. However, unlike the majority, I would conclude the good cause did not extend to permit the trial court to continue petitioner’s trial for an additional half-year thereby forcing her to remain in custody without the benefit of either bail or a speedy adjudication of the allegations against her for almost two years.
I begin my discussion with an explanation of why I believe good cause existed here. I do so because I believe the majority’s discussion of this issue *508 fails to adequately explain the competing interests a court must weigh when a codefendant seeks to continue a trial date beyond the statutory period.
The Statutory Preference for Joint Trials, Under Certain Circumstances, May Constitute Good Cause to Continue a Trial Beyond the Statutory Period.
Our state Constitution guarantees criminal defendants the right to a speedy trial. (Cal.Const., art. I, § 15.) The purpose underlying this right to a speedy trial is “to protect those accused of crime against possible delay, caused either by willful oppression, or the neglect of the state or…
Opinion
Ira Reiner, District Attorney, Donald J. Kaplan and Brent Riggs, Deputy District Attorneys, for Real Party in Interest.
OPINION
WOODS (Fred), J.
Does the statutory preference for a joint trial (Pen. Code, § 1098) [1] constitute good cause (§ 1382) to delay for six months the murder trial of an in-custody defendant? Our answer is yes, if, as in the instant case, the circumstances are sufficiently exceptional.
On May 13, 1983, according to the information, Roy Radin was kidnapped and murdered. On May 3, 1984, June Mincher was murdered and Christian Pierce was the victim of an attempted murder.
Not until September 27, 1988, five and one-half years after the Radin murder, were charges filed. Petitioner, William Molony Mentzer, Alex Lamota Marti, and Robert Ulmer Lowe were charged with having murdered Radin. Mentzer, Lowe, and Robert Leroy Deremer were charged with having murdered Mincher.
On October 2, 1988, petitioner was arrested in Orlando, Florida. About two and a half months later, on December 27, 1988, she waived extradition and on January 12, 1989, was arraigned on the complaint.
Sometime before May 12, 1989, a preliminary hearing for only Lowe and/or Deremer was…